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- Title
ACCESSING THIRD PARTY DOCUMENTS IN A FOREIGN JURISDICTION BY SUBPOENA: THE CERAMIC FUEL CELLS LTD (IN LIQ) V MCGRAW-HILL FINANCIAL INC CLASS ACTION.
- Authors
LEGG, MICHAEL; KANG, JOSHUA
- Abstract
In Ceramic Fuel Cells, the Federal Court of Australia made orders authorising a subpoena for documents held by a third party located in the United States of America. This article explains and evaluates the Court's approach to the use of comity for determining if a subpoena may be used to seek documents located overseas. The article also evaluates the enforceability of a subpoena in a foreign jurisdiction and concludes that use of the subpoena is problematic as the court lacks power to enforce the subpoena. The article also considers alternatives to the subpoena for obtaining third party documents, namely the Hague Evidence Convention and the US provision for assistance to foreign tribunals and litigants.
- Subjects
AUSTRALIA; THIRD parties (Law); LEGAL documents; S&; P Global Inc.; COMPULSORY jurisdiction (International law); SUBPOENA; CLASS actions; COMITY of nations; JUDICIAL power; ACTIONS &; defenses (Law)
- Publication
Melbourne University Law Review, 2017, Vol 41, Issue 1, p392
- ISSN
0025-8938
- Publication type
Article