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 226   It sometimes seems in this case that no good deed goes unpunished.

227   When the Commonwealth Deed had still not been produced pursuant to the order by the following morning (6 December 2023), the following occurred:

HIS HONOUR: … Can I deal with, then, a few matters before we deal with the witnesses that are outstanding. The first is the order that I made yesterday afternoon, page 1029 of the transcript, being the oral subpoena directed to Mr Zwier. Is there production pursuant to that oral subpoena?

DR COLLINS: He doesn’t appear to be in court. Your Honour, we will make some inquiries.

HIS HONOUR: Well, the order that I made has the same effect as the subpoena to produce documents, so that document the subject of the order under section 36 should be produced.

DR COLLINS: Yes.

HIS HONOUR: Can I direct your solicitors to get in contact ---

DR COLLINS: Yes, of course.

HIS HONOUR: --- with Mr Zwier and find out when production is going to occur of the document, please.

DR COLLINS: Yes. We will attend to that.

HIS HONOUR: It should have already occurred.

228   Later that morning, the following exchange occurred (T1078):

HIS HONOUR: I see Mr Zwier is here. Mr Zwier, have you got a document to produce?

MR ZWIER: I do, your Honour.

HIS HONOUR: Yes.

MR ZWIER: I have a deed of settlement.

HIS HONOUR: Thank you.

MR ZWIER: And I will produce it. I just want to apologise. I hadn’t appreciated that it was the making of a direction.

HIS HONOUR: No, that’s all right, Mr Zwier. Thank you very much for your attendance.

MR ZWIER: Your Honour, can I just make a couple of observations about it.

HIS HONOUR: Of course.

MR ZWIER: First, it contains obligations of confidence within the terms of the document, and it arises following a mediation which is governed by a mediation agreement, the details of which I am not presently across, and therefore there might be other parties with an interest in relation to it. Can I also say this. To the extent that

Lehrmann v Network Ten Pty Limited (Trial Judgment) [2024] FCA 369