Arthurman and Arthurman

In the matter of *Arthurman and Arthurman*, heard before Cohen J, the wife sought to set aside two subpoenas, one issued to the husband and the other to The Officer, C Chartered Accountants. The dispute concerned the production of documents pursuant to these subpoenas in proceedings between the parties.

The central legal issue before the court was whether the subpoenas had been properly issued and served, and if not, whether they should be set aside. This involved an examination of the rules governing the issuance and service of subpoenas in the relevant jurisdiction, and whether the requirements of those rules had been met by the party seeking the production of the documents.

Cohen J reasoned that the subpoenas were defective and therefore ought to be set aside. The court applied the principles that subpoenas must comply with the relevant procedural rules to be valid. Having found the subpoenas to be irregular, the court made orders setting them aside. Costs were reserved to the judge who would ultimately determine the wife's applications under section 79A of the *Family Law Act 1975* (Cth).