FAMILY COURT OF AUSTRALIA
| HALL & HALL AND ORS | [2016] FamCA 143 |
| FAMILY LAW – PRACTICE AND PROCEDURE – objection to subpoenas – where the husband has filed subpoenas seeking numerous and detailed documents relating to the will of the wife’s later father and a number of entities – where consideration is given to whether the subpoena request is a “fishing expedition”, oppressive, burdensome and irrelevant – where the subpoenaed persons seek an order that the subpoenas be set aside on the basis that the material contains confidential and sensitive information – where orders are made for compliance with select items – where time is given for the solicitor to file and serve an amended Notice of Objection in order for further consideration to be given to the issue of legal professional privilege. |
| Family Law Act 1975 (Cth) s 75, 79, 121 Family Law Rules 2004 (Cth) r 13.07A |
| Bevan & Bevan (2013) FLC 93-545 Harris Scarfe Limited (Receivers and Managers Appointed) (in liq) v Ernst & Young (No 10) (2006) 204 FLR 165 Hall & Hall and Anor (2014) FamCA 407 Hatton v Attorney-General of Commonwealth of Australia & Ors (2000) FLC 93-038 Lauritz & Lauritz and Ors [2015] FamCA 635 National Employers’ Mutual General Association Ltd v Waind and Hill [1978] 1 NSWLR 372 Sadek and Ors & Hall and Anor (2015) FLC 93-634 Stanford v Stanford (2012) 247 CLR 108 Strahan & Strahan & Commissioner of Taxation (2013) FLC 93-570 | ||||||
| APPLICANT: | Ms Hall | |||||
| RESPONDENT: | Mr Hall | |||||
| OTHER PARTIES: | Mr C S | |||||
| Mr F S | ||||||
| Ms D S | ||||||
| Mr E S Mr Simons | ||||||
| FILE NUMBER: | ADC | 3671 | of | 2013 | ||
| DATE DELIVERED: | 10 March 2016 |
| PLACE DELIVERED: | Adelaide |
| PLACE HEARD: | Adelaide |
| JUDGMENT OF: | Dawe J |
| HEARING DATE: | 10 December 2015 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | N/A |
| SOLICITOR FOR THE APPLICANT: | N/A |
| COUNSEL FOR THE RESPONDENT: | Mr Lindsay |
| SOLICITOR FOR THE RESPONDENT: | Jordan & Fowler |
| COUNSEL FOR THE OTHER PARTIES: | Mr Abbott, QC (with Mr Doyle) |
| SOLICITORS FOR THE OTHER PARTIES: | Simons Lawyers |
Orders
Within twenty-one [21] days from today Mr C S shall comply with items numbered 3, 4, 5, 6, 7, 8, 9, 10, 11, 17, 18 and 20 of the amended subpoena filed on 17 September 2015.
Compliance with items 1, 2, 12, 13, 14, 15, 16, 19 and 21 of the said amended subpoena to Mr C S is not required.
Within twenty-one [21] days from today Ms D S, Mr F S and Mr E S shall comply with items 3 and 7 in the subpoenas to them filed on 9 September 2015.
Compliance with items 1, 2, 4, 5, 6 and 8 in the said subpoenas to Ms D S, Mr F S and Mr E S is not required.
Within twenty-one [21] days from today Mr Simons comply with items numbered 11, 12 and 13 in the subpoena filed on 9 September 2015.
Compliance with items numbered 1 to 6 in the said subpoena to Mr Simons is not…
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- Hall & Hall [2016] FamCA 143
- Case
- [2016] FamCA 143
- Decision Date
CaseChat Overview and Summary
The court was required to determine which of the requested documents were to be produced, specifically in relation to claims of legal professional privilege, and to what extent the parties were obliged to comply with the various items within the subpoenas. The court also had to consider the procedure for dealing with claims of legal professional privilege and the costs associated with the subpoena applications.
Dawe J applied the principles governing the scope and enforceability of subpoenas, as well as the rules concerning legal professional privilege. The court carefully considered the objections raised and made specific orders for compliance with certain items of the subpoenas, while excusing compliance with others. Leave was granted for parties to inspect and copy documents produced. The court also adjourned further consideration of issues arising from legal professional privilege and the costs of the applications.
Orders
Orders of the court
1.
Within twenty-one [21] days from today Mr C S shall comply with items numbered 3, 4, 5, 6, 7, 8, 9, 10, 11, 17, 18 and 20 of the amended subpoena filed on 17 September 2015.
2.
Compliance with items 1, 2, 12, 13, 14, 15, 16, 19 and 21 of the said amended subpoena to Mr C S is not required.
3.
Within twenty-one [21] days from today Ms D S, Mr F S and Mr E S shall comply with items 3 and 7 in the subpoenas to them filed on 9 September 2015.
4.
Compliance with items 1, 2, 4, 5, 6 and 8 in the said subpoenas to Ms D S, Mr F S and Mr E S is not required.
5.
Within twenty-one [21] days from today Mr Simons comply with items numbered 11, 12 and 13 in the subpoena filed on 9 September 2015.
6.
Compliance with items numbered 1 to 6 in the said subpoena to Mr Simons is not required.
7.
Within twenty-one [21] days from today Mr Simons file and serve amended Notice of Objection to items numbered 7, 8, 9 and 10 identifying the documents to which legal professional privilege is claimed and providing such documents in those categories for which such privilege is not claimed.
8.
Further consideration of any issues arising from the claim of legal professional privilege is adjourned to a date to be advised following any written request to the Docket Registrar PROVIDED THAT such request is made within fourteen [14] days of service of the amended Notice of Objection.
9.
The question of costs of any parties in relation to the subpoenas and objections is adjourned to a date to be fixed upon application by either husband or the interveners.
10.
Leave is granted to the parties and their legal representatives to inspect and if necessary copy documents produced pursuant to the subpoenas.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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