Darbar and Batey and Anor

Case

[2011] FamCA 97

21 February 2011


Details
AGLC Case Decision Date
Darbar and Batey and Anor [2011] FamCA 97 [2011] FamCA 97 21 February 2011

CaseChat Overview and Summary

In the matter of *Darbar and Batey and Anor*, Rose J considered an application concerning interlocutory orders and the conduct of proceedings. The dispute involved the applicant, the first respondent, and the second respondent, with the court being asked to rule on several procedural matters.

The legal issues before the court included whether the applicant should be required to respond to a specific annexure to an affidavit, the discontinuance of certain orders sought by the first respondent, the procedure for submissions on costs, and the determination of an application to set aside subpoenas issued at the request of the first respondent. The court also had to consider the immediate obligation of the second respondent to produce documents pursuant to those subpoenas pending the determination of the setting aside application.

Rose J set aside the order requiring the applicant to respond to Annexure A of the affidavit. The court also ordered the first respondent to file and serve a notice of discontinuance in relation to specific orders sought in her Amended Response. The court established a timetable for the parties to lodge submissions and material concerning costs. Furthermore, the application to set aside subpoenas issued at the first respondent's request was stood over for determination at a future case management event, and pending that determination, the second respondent was relieved from the obligation to produce documents called for by those subpoenas.
Details

Areas of Law

  • Civil Procedure

  • Evidence

Legal Concepts

  • Appeal

  • Discovery

  • Procedural Fairness

  • Costs

  • Stay of Proceedings

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