Aitken and Murphy

The proceedings involved an application by the respondent for the dismissal of proceedings due to non-compliance with section 90SM(9) of the *Family Law Act 1975* (Cth). The application was heard by Young J. The dispute concerned a subpoena issued by the respondent's solicitors, to which the applicant's solicitors had filed an objection, and the subpoenaed firm was involved in the matters put in issue.

The primary legal issue before the court was whether the proceedings should be dismissed as a result of the alleged non-compliance with section 90SM(9) of the *Family Law Act 1975* (Cth). The court was also required to determine the future conduct of the proceedings concerning the subpoena and the objection thereto, including the production and handling of documents and the making of further submissions.

Young J dismissed the respondent's oral application for dismissal of the proceedings. The court ordered that transcripts of various parts of the proceedings, including extempore reasons for judgment, be prepared and made available to all parties and the subpoenaed firm. The proceedings concerning the subpoena and the objection were adjourned to a date to be fixed before Young J. Further submissions on the subpoenaed document issue were to be filed and served at least five clear days prior to the adjourned hearing date. The costs related to the subpoenaed file issue were reserved for determination at the adjourned hearing. The file produced by Kennedy Partners pursuant to the subpoena was ordered to remain with and be held by the Court in safe custody.