Q1: There is no discovery without the sanction of the Court. If the parties want an early mediation, does this rule discourage an exchange of documents for early mediation?
A: No, an exchange of documents for a mediation is not discovery. The rule is not seeking to catch an exchange of documents for mediation as this not part of the discovery process.
Q2: Are applications for leave to appeal from an interlocutory judgment heard by a single Judge or a Full Court?
A: Section 25(2) provides that an application for leave to appeal to the Court must be heard and determined by a single Judge unless a Judge directs that the application be heard and determined by a Full Court or the application is made in a proceeding that has already been assigned to a Full Court and the Full Court considers it is appropriate for it to hear and determine the application: s 25 of the Federal Court Act.
Q3: In the attendance item of schedule 3, the costs schedule, an allowance is made for each unit of 6 minutes a sum in all circumstances not exceeding $55 having regard to the complexity of the matter and to the lawyer’s skill and experience. What would attract the maximum allowed? How is the taxing officer to know of the skill and experience of the lawyer?
A: The bill would give details of the skill and experience of the lawyer that was required to work on the matter and the reasons why the party contends that the matter was complex and needed the skill and experience of that practitioner.
Q4: If an Anton Piller order is made there are sometimes large amount of documents forwarded to the Court. How do the discovery rules affect this?
A: The discovery rules do not affect the Anton Piller order. If a party obtained documents under an Anton Piller order the party has obtained them under order of the Court. The delivery of documents to the party under an Anton Piller order will not impact upon discovery obligations.