GAYNOR & TSEH

In the matter of *Gaynor & Tseh*, heard before Cronin J, the parties were engaged in interlocutory proceedings concerning property and discovery within a family law dispute. The core of the disagreement involved the extent of discovery sought by the respondent, particularly in relation to the applicant's business dealings, which the applicant allegedly conducted informally and had misrepresented to his bankers. A secondary, and notably contentious, issue was the ownership and possession of a dog, which formed the subject of an application for interim property relief.

The court was required to determine several legal issues. Firstly, it had to consider the appropriate scope of discovery in circumstances where the applicant asserted a lack of knowledge regarding his business affairs and conducted business informally. Secondly, the court needed to decide whether to grant interim relief regarding the disputed ownership of the dog, and if so, on what basis. Finally, the court was tasked with determining the appropriate costs orders, given the findings regarding discovery and the resolution of other matters.

Cronin J reasoned that a pet, such as a dog, is considered property within the meaning of the *Family Law Act 1975* (Cth), and the approach to determining an interim property dispute concerning a pet is the same as for other property. However, the court found that there was insufficient evidence presented to justify the exercise of its power to grant interim relief concerning the dog, and therefore this application was refused. Regarding discovery, while acknowledging findings of incomplete disclosure, the court noted that a significant number of matters were resolved by consent, and a substantial portion of the litigation had focused on the dog. Consequently, the court found no justifiable circumstances to depart from the usual principle that each party bears their own costs, dismissing the respondent's application for costs. The court also made orders for further discovery and payment of outstanding sums, and by consent, other orders were made, with the remaining applications dismissed.