Goreshter & Goreshter (No 2)

The Federal Circuit and Family Court of Australia (Division 1) heard a matter involving Ms Goreshter and Mr Goreshter, where the primary issue was the validity and appropriateness of two subpoenas issued by the respondent, Mr Goreshter, to the Australia and New Zealand Banking Group Ltd. Ms Goreshter sought to have both subpoenas set aside. The first subpoena was issued on 5 April 2024, while the second was issued on 2 May 2024. The court was tasked with determining whether these subpoenas were validly issued and if the applications to set them aside were justified.

The court examined the legal framework for issuing subpoenas under the Family Law Act 1975 (Cth), focusing on the accuracy and relevance of the information sought. The applicant argued that the subpoenas were flawed in some manner, while the respondent contended that they were correctly issued and necessary for the proceedings. The court also considered procedural fairness and the rights of the parties under the Family Law Act.

In its reasoning, the court found that the subpoena issued on 5 April 2024 was dismissed and allowed the respondent leave to issue a new subpoena to the correct entity. The subpoena issued on 2 May 2024 was set aside due to procedural errors and lack of relevance to the proceedings. The court adjourned the further hearing and vacated the resumption of the trial, reserving costs for later determination.

The final orders of the court were that the subpoena issued on 5 April 2024 was dismissed, while the subpoena issued on 2 May 2024 was set aside. The further hearing was adjourned, and the resumption of the trial was vacated. Costs were reserved for future determination.