In the first case of its kind in Queensland, the decision
of Justice Applegarth in Central Queensland Mining Supplies Pty
Ltd v Columbia Steel Casting Co Inc [2011] QSC 1831
has introduced a new disclosure regime that is consistent with the
Court's proposed 'document plan' for managed
cases.2 Those cases are, by definition,
larger and/or more complex and prone to suffering from
disproportionate disclosure under the current rules. The
decision is also consistent with the proposed changes to discovery
in the Federal Courts as identified by the Australian Law Reform
Commission.3
Background
The dispute relates to the termination of a distribution
agreement between Columbia Steel Castings
("Columbia"), an Oregon (US) company
that manufactures and sells impact and wear resistant replacement
parts for use in mining equipment worldwide, and Central Queensland
Mining Supplies ("CQMS"), which was
Columbia's exclusive distributor in Australia for 23
years.
