BARAKAT & BARAKAT

In the matter of *Barakat & Barakat*, the applicant wife sought leave to issue subpoenas to National Australia Bank (NAB) and L Solicitors. The dispute concerned financial matters within family law proceedings, and the wife sought to obtain documents relating to various trusts, companies, and property transactions, including those involving the respondent husband and a Ms H.

The primary legal issue before the Court was whether the applicant wife should be granted leave to issue the proposed subpoenas. This involved considering the relevance of the documents sought to the financial proceedings and whether the subpoenas were appropriately framed to obtain necessary information for the proper conduct of the case. The Court also had to determine the appropriate timeframes for the filing and service of these subpoenas, and for the return date.

McClelland J granted the applicant wife leave to issue the subpoenas to NAB and L Solicitors, specifying the precise form and content of the documents to be produced. The Court abridged the time for service of the subpoenas to four clear days, requiring them to be filed and served by close of business on 5 November 2015, and made returnable for 11.30 am on 11 November 2015. The applicant was also ordered to comply with the Family Law Rules regarding service, including the provision of conduct money. Furthermore, the parties were directed to file and serve updated Financial Statements by close of business on 11 November 2015.