Practical Guidance Dispute Resolution
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Cth – Federal Court considers application for non-standard discovery prior to parties filing their affidavit evidence (United Petroleum v Bomma)
Date: 7 April 2025
Court: Federal Court of Australia – Victoria District Registry
Judge(s): Wheelahan J
Judgment date: 31 March 2025
Catchwords: Non-standard discovery – timing – overarching purpose in s 37M of the Federal Court of Australia Act 1976 (Cth) – information asymmetry
Abstract:
In United Petroleum Pty Ltd v Bomma [2025] FCA 283, the Federal Court of Australia had to consider an interlocutory application for orders for non-standard discovery under r 20.11 of the Federal Court Rules 2011 (Cth) (Rules), which contemplated disclosure of documents by reference to identified categories before the filing and exchange of evidence.
Background
The applicant, United Petroleum Pty Ltd (United), operates service stations across Australia under the “United” name. Of these petrol stations, 400 are operated through commission…