FAMILY COURT OF AUSTRALIA
| ANDERSON & ANDERSON AND ORS | [2014] FamCA 491 |
| FAMILY LAW – PRACTICE AND PROCEDURE – Subpoenae – objections on the ground of relevance – relevance established – importance of discovery being undertaken before the issuing of subpoena. |
| Family Law Act 1975 (Cth) |
| Cahill & Cahill (No 2) [2013] FamCA 546 |
| APPLICANT: | Ms Anderson |
| RESPONDENT: | Mr Anderson |
| FIRST OBJECTOR: | Law Firm K |
| SECOND OBJECTOR: | Mr Rankin |
| FILE NUMBER: | MLC | 11091 | of | 2013 |
| DATE DELIVERED: | 10 July 2014 |
| PLACE DELIVERED: | Melbourne |
| PLACE HEARD: | Melbourne |
| JUDGMENT OF: | Cronin J |
| HEARING DATE: | 1, 2 July 2014 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Mr Strum |
| SOLICITOR FOR THE APPLICANT: | Taussig Cherrie Fildes |
| COUNSEL FOR THE RESPONDENT: | Mr Williams |
| SOLICITOR FOR THE RESPONDENT: | Coote Family Lawyers |
| COUNSEL FOR THE FIRST OBJECTOR: | Ms Bennett |
| SOLICITOR FOR THE FIRST OBJECTOR: | Law Firm K |
| COUNSEL FOR THE SECOND OBJECTOR: | Ms Morton |
| SOLICITOR FOR THE SECOND OBJECTOR: | Sladen Legal |
Orders
That the amended objection by Mr Rankin filed 30 June 2014 is dismissed.
That Mr Rankin forthwith comply with the provisions of Categories 1 to 6 of the schedule to the subpoena addressed to him filed 19 June 2014.
That the objection by Law Firm K is dismissed.
That all documents provided by Law Firm K pursuant to the subpoena filed 17 June 2014 are released for inspection and copying subject only to any further application in relation to any confidentiality agreement.
That there be liberty to apply.
That there be liberty to apply specifically in relation to issues of costs arising out of these orders.
That all extant interim applications are otherwise adjourned for hearing by the Honourable Justice Macmillan on a date to be fixed to be notified by the Court.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Anderson & Anderson and Ors has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
| FAMILY COURT OF AUSTRALIA AT MELBOURNE |
FILE NUMBER: MLC 11091 of 2013
| Ms Anderson |
Applicant
And
| Mr Anderson |
Respondent
And
| Law Firm K |
First Objector
And
| Mr Rankin |
Second Objector
REASONS FOR JUDGMENT
Ms Anderson (“the wife”) and Mr Anderson (“the husband”) are involved in financial proceedings in this Court. The wife began the proceedings by application filed on 18 December 2013. Relevantly, she sought imprecise orders relating to spousal maintenance and child support. The husband filed a response on 4 February 2014. Again relevantly, he sought that the former “matrimonial home” be sold and after the discharge of…
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- Case
- [2014] FamCA 491
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether the objections raised by Mr Rankin and Law Firm K to the subpoenas were valid. Specifically, the court had to consider the scope of the subpoenas and the grounds upon which production of the requested documents could be resisted, including any potential claims of privilege or confidentiality.
Cronin J dismissed Mr Rankin's amended objection, ordering him to comply with categories 1 to 6 of the schedule to the subpoena addressed to him. Similarly, the objection by Law Firm K was dismissed, and the documents provided by them pursuant to their subpoena were ordered to be released for inspection and copying, subject to any future applications concerning confidentiality agreements. The court also granted liberty to apply, particularly in relation to costs arising from these orders, and adjourned all other extant interim applications for hearing by Justice Macmillan.
Orders
Orders of the court
1.
That the amended objection by Mr Rankin filed 30 June 2014 is dismissed.
2.
That Mr Rankin forthwith comply with the provisions of Categories 1 to 6 of the schedule to the subpoena addressed to him filed 19 June 2014.
3.
That the objection by Law Firm K is dismissed.
4.
That all documents provided by Law Firm K pursuant to the subpoena filed 17 June 2014 are released for inspection and copying subject only to any further application in relation to any confidentiality agreement.
5.
That there be liberty to apply.
6.
That there be liberty to apply specifically in relation to issues of costs arising out of these orders.
7.
That all extant interim applications are otherwise adjourned for hearing by the Honourable Justice Macmillan on a date to be fixed to be notified by the Court.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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