Hathaway and Hathaway and Ors

In the matter of Hathaway and Hathaway and Ors, Bennett J considered an application by the wife to join personal and corporate third parties to proceedings, which was opposed by the husband. The court was also dealing with the husband's application filed on 7 July 2016 and the wife's amended response filed on 31 August 2016.

The primary legal issue before the court was whether to permit the joinder of the proposed third parties. Ancillary to this, the court had to determine procedural matters concerning the conduct of the proceedings, including the provision of preliminary contentions, discovery of documents, and the process for issuing and serving subpoenas.

Bennett J noted that there had been insufficient time to fully hear submissions from all parties regarding the joinder of the third parties, and therefore, no decision was made on that issue. The court instead made directions regarding the listing of the applications, the provision of information by the wife, and the process for issuing subpoenas, including dispensing with certain formal service requirements under specific circumstances. The court also reserved costs.