FAYEH & FAYEH

In the matter of FAYEH & FAYEH, Cohen J of the Federal Circuit Court of Australia considered an application by the Husband for certain orders concerning the production of financial documents and the instructions to a single expert witness. The dispute involved financial matters between the Husband and Wife.

The court was required to determine whether to grant the Husband leave to issue a subpoena to the Commonwealth Bank of Australia for the Wife's account and transaction records. Additionally, the court needed to settle the terms of the instructions to be provided to a single expert, Mr G, ensuring clarity regarding his role as a court-appointed expert and the respective positions of the parties.

Cohen J ordered, by consent, that the Husband be granted leave to issue a subpoena to the Commonwealth Bank of Australia for the production of the Wife's financial records. All parties were granted leave to inspect the relevant documents produced. The court also directed that the letter of instruction to the single expert, Mr G, be in the form of a draft letter dated 23 July 2009, with the Husband having leave to send a letter outlining his claims. A joint letter from both solicitors was to clarify Mr G's status as a court-appointed expert. The Husband was ordered to pay the Wife's costs in the sum of $750.00 within one month.