FAMILY COURT OF AUSTRALIA
| BREBNER & SHARDLOW | [2019] FamCA 800 |
| FAMILY LAW – PRACTICE AND PROCEDURE – Review of a registrar’s decision – Subpoenas – Where the registrar rejected two subpoenas for filing on the basis that they appeared to be an abuse of process, frivolous, scandalous or vexatious – Consideration of whether the production of documents serves a legitimate forensic purpose and whether “it is on the cards” that the documents sought would have relevance to the issues in the case – Where the Court is satisfied that a subpoena proposed to be addressed to the wife’s solicitor would serve no legitimate forensic purpose and would amount to a “fishing expedition” – Where it is on the cards that a document produced in response to a proposed subpoena addressed to the husband’s father could have some relevance to issues in the case – Application for review granted in part. |
| Family Law Act 1975 (Cth) s 79 Family Law Rules 2004 (Cth) r 24.10 |
| Alister v The Queen (1984) 154 CLR 404 Baumann and Ors & Rushbrooke and Anor [2016] FamCA 905 Hatton & Attorney General of the Commonwealth of Australia & Commonwealth Bank of Australia & Commonwealth Development Bank of Australia (2000) FLC 93-038; 26 Fam LR 570 Hennessy v Wright (No. 2) (1890) 24 QBD 445 Hunt v Russell and De Pinto (1995) 63 SASR 402 Hunter & Child Support Registrar [2017] FamCAFC 259 Kelton & Brady and Anor [2017] FamCAFC 186; (2017) FLC 93-799 R v Saleam [1999] NSWCCA 86 Trade Practices Commission v Arnotts Ltd and Ors (No. 2) (1989) 88 ALR 90 |
| APPLICANT: | Ms Brebner |
| RESPONDENT: | Mr Shardlow |
| FILE NUMBER: | SYC | 1856 | of | 2017 |
| DATE DELIVERED: | 31 October 2019 |
| PLACE DELIVERED: | Sydney |
| PLACE HEARD: | Sydney in Chambers |
| JUDGMENT OF: | Loughnan J |
Orders
Insofar as it seeks to review a decision of a registrar to refuse permission for the issue a Subpoena to Produce addressed to Mr A Shardlow, the husband’s Application in a Case filed on 10 September 2019 is granted and the subpoena may issue.
Otherwise the Application in a Case is dismissed.
Note: The form of the order is subject to the entry of the order in the Court’s records.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Brebner & Shardlow has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).
| FAMILY COURT OF AUSTRALIA AT SYDNEY |
FILE NUMBER: SYC1856 of 2017
| Ms Brebner |
Applicant
And
| Mr Shardlow |
Respondent
REASONS FOR JUDGMENT
Introduction
Before the Court is the application of Mr Shardlow (“the husband”) to review the decision of a registrar to refuse permission for the issue of two subpoenas…
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- AGLC
- BREBNER & SHARDLOW [2019] FamCA 800
- Case
- [2019] FamCA 800
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the registrar’s decision to refuse the subpoena was correct, and consequently, whether permission should be granted for the subpoena to issue.
Loughnan J found that the registrar’s decision was incorrect and that the subpoena should be permitted to issue. The court’s reasoning, though not detailed in the provided text, led to the conclusion that the applicant had satisfied the necessary criteria for the subpoena to be granted.
The court ordered that the husband’s Application in a Case filed on 10 September 2019 be granted insofar as it sought to review the registrar’s decision, and that the subpoena to produce addressed to Mr A Shardlow may issue. Otherwise, the Application in a Case was dismissed.
Orders
Orders of the court
1.
Insofar as it seeks to review a decision of a registrar to refuse permission for the issue a Subpoena to Produce addressed to Mr A Shardlow, the husband’s Application in a Case filed on 10 September 2019 is granted and the subpoena may issue.
2.
Otherwise the Application in a Case is dismissed.
Note: The form of the order is subject to the entry of the order in the Court’s records.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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