FEDERAL COURT OF AUSTRALIA

Martin v Tasmania Development Resources [1999] FCA 71

STEVEN DAVID MARTIN v TASMANIA DEVELOPMENT RESOURCES & ANOR

NO. TG 24 of 1998

HEEREY J

5 FEBRUARY 1999

MELBOURNE

Martin v Tasmania Development Resources [1999] FCA 71

REASONS FOR JUDGMENT

1                     I have already indicated that I do not propose to make an order that certain persons identified by counsel for the applicant as potential witnesses attend before the applicant’s solicitors for the purposes of interviews and the making of statements.  Such an order would be quite unprecedented in litigation in this country.  It is accepted that persons are not compelled to confer with the solicitors to parties in litigation.  If they do not wish to do so the solicitors may of course subpoena such persons, and the fact that the solicitor does not have the advantage of a previous conference is just one of the hazards of litigation.

2                     Counsel then sought an order under O 24.  I am satisfied that no such order should be made.  In the circumstances of this case an order under O 24 would have the same practical effect as the applicant’s counsel has already sought and which I have refused for the reasons given.  Plainly O 24 is designed for circumstances where it is not practical or convenient for a witness to attend court and give evidence in the ordinary way.  The making of an order such as is sought would have the practical effect of introducing an American-style oral deposition.  This would be a fundamental change to the way litigation is conducted in this Court and indeed, all courts in Australia that I am aware of, and if such a change is to be made it should be made by statute.

Associate:

Dated:              5 February 1999