ADEMIS & BEAUMAN & ORS

In the matter of ADEMIS & BEAUMAN & ORS, Judge Blake considered applications concerning subpoenas issued to Ms A Beauman and Mr Erskine. The core of the dispute involved the scope and compliance of these subpoenas, as well as the costs associated with objecting to them.

The court was required to determine whether the existing subpoenas were appropriately drafted and whether the time for their compliance should be extended. Furthermore, the court had to consider the appropriate release of documents produced under the subpoenas and the entitlement of Ms Beauman and Mr Erskine to costs for their objections. A significant issue also arose regarding the Applicant's ability to cross-examine the Respondent, leading to a consideration of the application of section 102NA of the Family Law Act 1975 (Cth).

Judge Blake ordered amendments to the schedules of the subpoenas issued to Ms Beauman and Mr Erskine, extending the time for compliance by 14 days from the date of the order. The produced documents were to be released to the legal practitioners for the parties for inspection and photocopying. The Applicant was ordered to pay Ms Beauman and Mr Erskine $6,600 upon production of the documents, as well as their costs for objecting to the subpoenas. Crucially, the court invoked section 102NA(1)(c)(iv) and section 102NA(2) of the Family Law Act 1975 (Cth), effectively banning the Applicant from personally cross-examining the Respondent and requesting Victoria Legal Aid to provide assistance under the cross-examination scheme. The Applicant was directed to make the necessary application for funding under the Commonwealth Family Violence and Cross Examination of Parties Scheme.