GRANGE & GRANGE

Case

[2012] FamCA 678

2 July 2012


Details
AGLC Case Decision Date
GRANGE & GRANGE [2012] FamCA 678 [2012] FamCA 678 2 July 2012

CaseChat Overview and Summary

In the matter of *Grange & Grange*, Benjamin J of the Family Court of Australia considered an application by the mother concerning financial disclosure and superannuation. The dispute involved the discovery of the father's assets and financial position, as well as orders relating to his superannuation funds. The mother sought to issue subpoenas to various financial institutions and superannuation funds to ascertain the father's financial standing.

The primary legal issues before the court were whether to grant the mother leave to issue subpoenas for the discovery of the father's assets and financial position, and whether to make orders pursuant to section 90MU of the *Family Law Act 1975* (Cth) concerning the father's superannuation. The court also had to determine an oral application to broaden existing family violence or parenting orders.

Benjamin J reasoned that it was appropriate to grant the mother leave to issue subpoenas to the Commonwealth Bank, St George Bank, Superannuation Fund S, and Superannuation Fund G to discover the father's assets and financial position. The court also made orders under section 90MU of the *Family Law Act*, directing the trustee of Superannuation Fund G not to make any splittable payments without leave and to notify the court and the wife of the next occasion a splittable payment becomes payable. The court dismissed the oral application to broaden the family violence or parenting orders.

The proceedings were subsequently transferred to the Federal Magistrates Court. The court also certified that it was reasonable to engage counsel to attend the proceedings.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Discovery

  • Jurisdiction

  • Remedies

  • Standing

  • Costs

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