Archer and Archer

Case

[2009] FamCA 1027

20 October 2009


Details
AGLC Case Decision Date
Archer and Archer [2009] FamCA 1027 [2009] FamCA 1027 20 October 2009

CaseChat Overview and Summary

In the matter of *Archer and Archer*, heard before Cronin J, the proceedings concerned a dispute regarding the return of a subpoena addressed to Dr J. The wife sought orders for Dr J to attend court in person to explain his failure to comply with a subpoena previously filed on 12 August 2009.

The primary legal issue before the court was Dr J's non-compliance with the subpoena and the appropriate orders to ensure his attendance and explanation. The court was required to determine whether to grant the wife's application for Dr J to attend in person and to consider the consequences of any further failure to comply.

Cronin J ordered that the issue of the subpoena's return be adjourned to 27 October 2009, at which time Dr J was to attend in person to explain his non-compliance. The court further ordered that should Dr J fail to attend, the wife would be at liberty to seek a warrant for his apprehension. Correspondence between Dr J and the wife's solicitor was marked as exhibits. The question of the wife's costs of the application was reserved, and directions were given for service of the orders upon Dr J.
Details

Areas of Law

  • Civil Procedure

  • Family Law

Legal Concepts

  • Costs

  • Discovery

  • Injunction

  • Jurisdiction

  • Procedural Fairness

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