Derry and Lopez
Case
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[2009] FamCA 424
•2 March 2009
Details
AGLC
Case
Decision Date
Derry and Lopez [2009] FamCA 424
[2009] FamCA 424
2 March 2009
CaseChat Overview and Summary
In the matter of *Derry and Lopez*, Strickland J of the Family Court of Australia made orders concerning the division of property and the disclosure of financial information between the parties. The dispute centred on the valuation of certain assets and liabilities listed on a balance sheet, as well as the production of documents relating to shareholdings and trading activities.
The court was required to determine the appropriate steps for valuing specific property items, the extent of disclosure necessary regarding the husband's share transactions, and the production of documents pertaining to various assets and liabilities. Additionally, the court considered the need for the wife to obtain and provide medical reports concerning her health, and for both parties to prepare and file detailed minutes of proposed orders. The court also addressed the wife's application for leave to issue subpoenas to various companies and financial institutions to obtain documents relevant to the husband's shareholdings and trading activities.
Strickland J ordered the appointment of a single expert witness to value specific property items, and directed the husband to provide documents relating to shares purchased and sold since separation. The husband was also ordered to request discovery of documents from the wife concerning certain assets and liabilities, and to produce his own documents in relation to other specified items. The wife was directed to obtain and provide medical reports to the husband, and both parties were ordered to exchange and lodge minutes of proposed orders. Leave was granted to the wife to issue subpoenas to several entities for the production of documents related to the husband's shareholdings and trading activities. The matter was adjourned for further consideration.
The court was required to determine the appropriate steps for valuing specific property items, the extent of disclosure necessary regarding the husband's share transactions, and the production of documents pertaining to various assets and liabilities. Additionally, the court considered the need for the wife to obtain and provide medical reports concerning her health, and for both parties to prepare and file detailed minutes of proposed orders. The court also addressed the wife's application for leave to issue subpoenas to various companies and financial institutions to obtain documents relevant to the husband's shareholdings and trading activities.
Strickland J ordered the appointment of a single expert witness to value specific property items, and directed the husband to provide documents relating to shares purchased and sold since separation. The husband was also ordered to request discovery of documents from the wife concerning certain assets and liabilities, and to produce his own documents in relation to other specified items. The wife was directed to obtain and provide medical reports to the husband, and both parties were ordered to exchange and lodge minutes of proposed orders. Leave was granted to the wife to issue subpoenas to several entities for the production of documents related to the husband's shareholdings and trading activities. The matter was adjourned for further consideration.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Discovery
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Expert Evidence
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Procedural Fairness
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Citations
Derry and Lopez [2009] FamCA 424
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