Agostino and Co Solicitors and Anor and Colville

Case

[2014] FCCA 3127

23 July 2014


Details
AGLC Case Decision Date
Agostino and Co Solicitors and Anor and Colville [2014] FCCA 3127 [2014] FCCA 3127 23 July 2014

CaseChat Overview and Summary

In the matter of *Agostino and Co Solicitors and Anor and Colville*, heard by Judge Harman, the dispute concerned a subpoena issued by the solicitors for the wife, seeking to compel Patrick Agostino trading as Agostino & Co. Solicitors to produce documents. The husband had filed an Application in a Case on 22 July 2014, which appears to have been a response or challenge to the subpoena or related proceedings.

The primary legal issues before the court were whether leave should be granted to amend the subpoena to correctly identify the recipient, and the appropriate orders regarding costs and the future issuance of subpoenas. The court was required to determine the extent to which the existing subpoena could be rectified and how the costs incurred by the solicitors in responding to the subpoena and attending court should be allocated.

Judge Harman granted leave to amend the subpoena to substitute Patrick Agostino trading as Agostino & Co. Solicitors as the recipient. The court ordered the husband to pay the solicitors $770 for the costs of complying with the subpoena and $1500 for their attendance at court, totalling $2270, to be paid within 28 days. The husband's Application in a Case was otherwise dismissed. Furthermore, the court granted leave to both parties to issue further subpoenas as they deemed necessary, expressly permitting the issuance of more than five subpoenas.
Details

Areas of Law

  • Civil Procedure

  • Family Law

Legal Concepts

  • Costs

  • Discovery

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Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

6

Sali v SPC Ltd [1993] HCA 47
Sali v SPC Ltd [1993] HCA 47
Prantage & Prantage [2013] FamCAFC 105