Anton and Malitsa (No. 4)

In the matter of *Anton and Malitsa (No. 4)*, Cronin J of the Family Court of Australia considered an application for a subpoena to be issued. The dispute concerned the capacity of the wife to continue to give evidence and participate as a litigant in the proceedings, necessitating an inquiry into her medical condition and treatment.

The court was required to determine whether to issue a subpoena to Dr G of the M Hospital, seeking evidence and production of the wife's medical file. Specifically, the subpoena was to address the wife's treatment between 10 and 26 April 2009, her discharge date, and her capacity to give evidence and participate as a litigant, and if so, when.

Cronin J ordered that the subpoena issue, returnable on 29 April 2009, requiring Dr G to attend court to give evidence and produce the specified medical records. The court further directed that the subpoena be issued forthwith and served by facsimile. Notably, the requirement for conduct money was waived, and a copy of the orders was to be attached to the subpoena. The costs of the day were reserved.