the Applicant v St Ives Group Pty Ltd
Citation: [2022] FCA 136
At a glance
- Employees affected
- 1
What happened
the Applicant seeking leave to pursue discrimination claims filed affidavits containing expert reports. the Respondent requested production of an earlier expert report. the Applicant resisted disclosure, claiming legal privilege and relevance. the Respondent filed interlocutory applications to compel production. On each occasion, the Applicant capitulated just before the hearing date.
What was decided
the Court ordered the Applicant to pay the Respondent's costs of the interlocutory applications from the date of the June Report onwards. The Court found that while resistance to the original application was reasonable, resistance to the amended application seeking Further Documents was unreasonable given they were referenced in the expert report already disclosed.
What it means for employers
In litigation, parties must act reasonably about discovery and disclosure obligations. Unreasonable resistance to production requests may result in costs orders against the resisting party. Employers defending discrimination claims should maintain records of their decision-making processes.
What it means for employees
When pursuing discrimination claims, experts and supporting documents must be properly disclosed. Last-minute concessions on discovery matters may result in costs orders. Employees should work with their legal advisors to identify relevant evidence early.
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https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2022/2022fca0136Want more cases like this?
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →