Daniels and Barber

In the matter of Daniels and Barber, Bennett J of the Family Court of Australia considered applications made by the wife in ongoing family law proceedings. The dispute concerned the production of documents from New Zealand and the separate representation of the children of the marriage.

The primary legal issues before the court were whether to grant the wife leave to make an oral application for the production of documents from outside Australia, and whether to permit the service of subpoenas on individuals in New Zealand pursuant to the Trans-Tasman Proceedings Act 2010. Additionally, the court was required to determine whether the children should be separately represented and to make consequential orders regarding the appointment and role of an independent children’s lawyer.

Bennett J granted the wife leave to make an oral application for the production of documents. The court further permitted the wife to serve subpoenas on Mr B of C Lawyers and Mr E Barber in New Zealand, in relation to the D Trust and the Barber Family Trust respectively, by not later than 19 June 2018, with provision for conduct money. The husband was granted liberty to apply within seven days to vary or set aside these orders. The court also ordered that the children, X and Y, be separately represented pursuant to section 68L(2) of the Family Law Act 1975, requesting Victoria Legal Aid to arrange such representation. The independent children’s lawyer was to be appointed in sufficient time to consider recommendations regarding parenting orders and the preparation of a section 62G(2) report, noting the wife’s objection to Dr F preparing the report. Orders were also made for the filing of a Notice of Address for Service and for the parties' solicitors to provide relevant documents to the independent children’s lawyer within 48 hours of notification of appointment.