Carter and Southwell and Anor
Case
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[2015] FamCA 844
•9 September 2015
Details
AGLC
Case
Decision Date
Carter and Southwell and Anor [2015] FamCA 844
[2015] FamCA 844
9 September 2015
CaseChat Overview and Summary
In *Carter and Southwell and Anor*, heard by McClelland J, the applicant de facto wife sought orders concerning proceedings in which the third respondent applied to be removed as a party. The court also considered an application for photocopy access to documents produced under subpoena by the Commonwealth Bank of Australia.
The primary legal issue before the court was whether the third respondent should be permitted to withdraw as a party to the proceedings. Additionally, the court was required to determine whether legal representatives should be granted photocopy access to documents obtained from the Commonwealth Bank of Australia via subpoena.
McClelland J dismissed the third respondent's application for removal as a party, indicating that the third respondent was to remain involved in the proceedings. The court also granted leave for the parties' legal representatives to access photocopies of the documents produced by the Commonwealth Bank of Australia under subpoena. The costs of the applicant de facto wife were reserved. The court also made orders and notations by consent in terms of a "Minute of Order" dated 9 September 2015.
The primary legal issue before the court was whether the third respondent should be permitted to withdraw as a party to the proceedings. Additionally, the court was required to determine whether legal representatives should be granted photocopy access to documents obtained from the Commonwealth Bank of Australia via subpoena.
McClelland J dismissed the third respondent's application for removal as a party, indicating that the third respondent was to remain involved in the proceedings. The court also granted leave for the parties' legal representatives to access photocopies of the documents produced by the Commonwealth Bank of Australia under subpoena. The costs of the applicant de facto wife were reserved. The court also made orders and notations by consent in terms of a "Minute of Order" dated 9 September 2015.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
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Family Law
Legal Concepts
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Costs
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Discovery
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Jurisdiction
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Standing
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Cases Citing This Decision
0
Cases Cited
3
Statutory Material Cited
0
Baxter v Commissioners of Taxation (NSW)
[1907] HCA 76
Harrington v Lowe
[1996] HCA 8