The Court held that a case management order prohibiting the parties from filing 'any further evidence in the substantive proceeding' also prohibited the issuing of a notice to produce, because a notice to produce issued for a legitimate forensic purpose necessarily contemplates obtaining documents for tender at hearing, which would circumvent the prohibition on adducing unfiled evidence. However, the Court clarified that the prohibition did not extend to calling for production of documents during cross-examination or under Part 2.1 of the Evidence Act 1995 (Cth) in the course of the hearing itself.
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