CHIEW & ANSTEAD

In *Chiew & Anstead*, heard by Wilson J, the applicant wife sought disclosure of documents from the second and third respondents. The underlying dispute involved allegations of fraud, and the application for disclosure was made within a proceeding brought under section 106B of the *Family Law Act 1975* (Cth).

The central legal issue before the court was whether disclosure could be compelled from third parties in a section 106B proceeding, particularly in circumstances where fraud was alleged by the party seeking the disclosure.

Wilson J dismissed the application for disclosure against the second and third respondents. The reasoning appears to have been that a section 106B proceeding is not the appropriate forum for compelling disclosure from third parties, especially when the primary purpose of the proceeding is to set aside financial agreements based on allegations of fraud. The court's decision indicates a distinction between the scope of disclosure available in a section 106B proceeding and other types of family law proceedings.

The court made orders by consent between the applicant wife and the first respondent (the husband) regarding the provision of specific documents and communications by the husband to the wife's solicitor. The further hearing of the proceeding was adjourned.