BREBNER & SHARDLOW

The applicant, Mr Brebner, sought to review a decision by a registrar to refuse permission for the issue of a subpoena to produce addressed to Mr A Shardlow, the husband. The matter came before Loughnan J in the Federal Circuit Court of Australia.

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.