COLVILLE & COLVILLE

In the matter of *Colville & Colville*, Judge Harman of the Federal Circuit Court of Australia considered an application for formal discovery. The dispute concerned financial matters between the husband and wife, with the wife seeking discovery of documents relevant to the resolution of these issues.

The primary legal issue before the Court was whether formal discovery by the husband was appropriate in the circumstances of the case. This involved determining the extent of the husband's disclosure obligations regarding his financial position and assets.

Judge Harman found that formal discovery was appropriate pursuant to section 45(1) of the *Federal Circuit Court Act 1999* and part 14 of the *Federal Circuit Court Rules 2001*. The Court ordered the husband to file and serve an affidavit of documents within 35 days, detailing all relevant documents in his possession, custody, or control. This included, but was not limited to, tax returns, superannuation statements, bank and credit card statements, property appraisals, and documents supporting his financial statement. The husband was also ordered to serve copies of these documents on the wife's attorneys, save for those subject to privilege.

Furthermore, the Court ordered the husband to pay the wife's costs of specific court appearances, fixed at $13,035, within 28 days. The matter was adjourned for further mention and directions, with the possibility of an undefended hearing if the husband failed to comply with the discovery orders.