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.
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
Key Legal Topics
Areas of Law
-
Civil Procedure
Legal Concepts
-
Discovery
-
Costs
-
Stay of Proceedings
Actions
Download as PDF
Download as Word Document
Cases Citing This Decision
0
Cases Cited
6
Statutory Material Cited
2
Gartner v Carter
[2004] FCA 258
P & V Industries Pty Ltd v Porto & Ors (No 3)
[2007] VSC 113
Gartner v Carter
[2004] FCA 258