Dowling and Dowling and Ors

The parties to this matter before the Family Court of Australia were Mr Dowling (the Applicant husband) and Ms Dowling (the First Respondent wife), along with three other respondents: Ms B (Second Respondent), C Pty Ltd (Third Respondent), and Ms C (Fourth Respondent). The dispute concerned substantive family law proceedings initiated by the husband, which involved claims regarding the ownership of a property and alleged contributions made to a company. The husband had also issued a subpoena seeking information about a trust, which was objected to on grounds of privilege.

The primary legal issues before the court were the management of the substantive proceedings, including a jurisdictional issue, and applications for costs. Specifically, the court was required to determine whether to strike out the subpoena issued by the husband, adjourn the substantive proceedings, and whether to award costs against the husband, considering the conduct of the parties and the provisions of section 117 of the *Family Law Act 1975* (Cth).

Justice Cronin found that the subpoena issued by the husband was a "fishing expedition" and lacked relevance at that stage, leading to its being struck out. The court was critical of the husband for failing to take substantive steps to clarify his claims against the respondents between September and the hearing on 31 October 2011. The court determined that the hearing on 31 October 2011 was largely wasted due to the lack of clear pleadings and the husband's failure to articulate his position, which justified a departure from the usual rule that parties bear their own costs. The court considered the matters set out in section 117(2A) of the *Family Law Act*, noting the financial capacity of the parties and the respondents' clear desire for the husband to articulate his position.

Consequently, the court made orders adjourning all outstanding applications to 16 December 2011, striking out the subpoena, and discharging the Second and Fourth Respondents. The husband was ordered to file and serve further material by 11 November 2011, while the wife and Third Respondent were to file and serve material by 9 December 2011. The wife's costs of the day were fixed at $3,700, and the costs of the Second, Third, and Fourth Respondents were fixed at a total of $3,700, both sums to be paid by the husband within 60 days.