Garwood and Garwood and Anor

The proceedings involved the applicant wife and the respondent husband, with Austin J presiding. The dispute concerned an application by the applicant wife for a supplementary report from a single expert witness regarding the re-valuation of subject land at D Town. This request was prompted by a government gazette publication of an LEP Amendment that could affect the land.

The court was required to determine whether to grant leave for the applicant wife to obtain a supplementary expert report and whether to vacate the trial listed for 15 December 2014. Additionally, the court considered an application by the respondent husband for leave to issue a subpoena to The Proper Officer of C Town City Council, and various other outstanding applications for interim or procedural orders.

Austin J vacated the trial listed for 15 December 2014, but kept the proceedings listed for further procedural directions on that date. Leave was granted for parties to attend the next court event by telephone. Crucially, leave was granted to the respondent husband to issue a subpoena to the C Town City Council, provided it was returnable by 9:30 am on 15 December 2014. The applicant wife's application for a supplementary report was not definitively determined, with a decision to be made at the next court event. The applicant wife's application filed on 14 November 2014, and any and all outstanding applications for interim or procedural orders, were dismissed.