Garnier & Garnier

Garnier & Garnier involved a review of a decision made by a registrar, who had struck out a part of a subpoena issued to Ms C Garnier. The subpoena sought the production of Ms Garnier's last will and testament and any wills previously executed since 1 January 1996. This was part of property settlement proceedings between Ms Garnier, referred to as the wife, and Mr Garnier, the husband, who were married in 2000 and separated in December 2019. The wife's case suggested a family arrangement where, upon the death of her parents, the husband would receive their shares in B Pty Ltd, giving him control of the company. The husband and Ms Garnier disputed this.

The court was required to determine whether the subpoena to Ms Garnier was justified under the principles established in previous cases. The court examined whether the documents sought were relevant to the proceedings and whether their production was necessary for the proper conduct of the litigation. The court referenced various cases, including National Employers’ Mutual General Association Ltd v Waind and Hill, Hatton v Attorney-General of Commonwealth of Australia & Ors, and Secretary of the Department of Planning, Industry and Environment v Blacktown City Council, to assess the relevance of the documents.

The court found that the documents had apparent relevance to the wife's contentions. The handwritten notation in a Deed of Acknowledgment and Rectification, the will of the husband's father, Mr E Garnier, and a Shareholders Agreement all supported the wife's claim. The court concluded that the disposition of Ms Garnier's shares by will could materially assist in determining the wife's claims, and therefore, the objection to the subpoena was dismissed.

The court ordered that the objection to the production of the document described in paragraph 2 of the subpoena filed on 11 March 2021 addressed to Ms C Garnier be dismissed, and the proceedings were listed for directions on 1 December 2021 at 10 am.