Delaney and Delaney and Ors

Case

[2009] FamCA 752

19 August 2009


Details
AGLC Case Decision Date
Delaney and Delaney and Ors [2009] FamCA 752 [2009] FamCA 752 19 August 2009

CaseChat Overview and Summary

In the matter of *Delaney and Delaney and Ors*, Judicial Registrar Loughnan considered an application concerning the inspection of documents and the validity of subpoenas issued to solicitors. The dispute involved the husband and wife, and potentially other parties represented by A Solicitors, C Solicitors, and B Solicitors.

The court was required to determine whether leave should be granted for the inspection of documents held by A Solicitors, and specifically, the scope of that inspection. Furthermore, the court had to decide whether subpoenas issued to C Solicitors and B Solicitors were valid and should be upheld.

Judicial Registrar Loughnan granted leave for the inspection of documents from A Solicitors, but limited this to documents dated up to and including 30 April 2007. The Registrar set aside the subpoenas addressed to C Solicitors and B Solicitors, indicating that these documents were not considered to be properly discoverable or that the subpoenas were otherwise defective.
Details

Areas of Law

  • Civil Procedure

  • Family Law

Legal Concepts

  • Discovery

  • Jurisdiction

  • Stay of Proceedings

Actions
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Cases Citing This Decision

8

Dhanhoa v The Queen [2003] HCA 40
SWDB & Ors v MIAC [2008] HCATrans 199
Cases Cited

9

Statutory Material Cited

1