Bloomfield and Grainger and Anor

Case

[2017] FamCA 32

27 January 2017


Details
AGLC Case Decision Date
Bloomfield and Grainger and Anor [2017] FamCA 32 [2017] FamCA 32 27 January 2017

CaseChat Overview and Summary

In the Supreme Court of Victoria, Hogan J considered an application by the Applicant against the First Respondent, concerning the disclosure of specific correspondence. The dispute centred on whether the First Respondent was obliged to provide certain letters dated 17 October 2012 and 19 October 2012, sent by Morgan Conley Solicitors, to the Applicant.

The primary legal issue before the Court was the extent of the First Respondent's disclosure obligations in relation to the aforementioned correspondence. The Court was required to determine if these documents fell within the scope of documents that ought to be disclosed to the Applicant.

Hogan J ordered that the First Respondent disclose the correspondence from Morgan Conley Solicitors dated 17 October 2012 and 19 October 2012 to the Applicant by a specified time. The Court also adjourned the Applicant's application for relief sought in Clause 2 of Annexure ‘A’ and the First Respondent's cross-application, with costs in relation to these matters being reserved. Further directions were provided regarding the potential for parties to seek costs related to the appearance on 27 September 2016, including a timeline for written submissions.
Details

Areas of Law

  • Civil Procedure

Legal Concepts

  • Discovery

  • Costs

  • Stay of Proceedings

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Cases Citing This Decision

0

Cases Cited

6

Statutory Material Cited

2

Gartner v Carter [2004] FCA 258
Gartner v Carter [2004] FCA 258