Herron and Herron
Case
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[2017] FCCA 3242
•21 December 2017
Details
AGLC
Case
Decision Date
Herron and Herron [2017] FCCA 3242
[2017] FCCA 3242
21 December 2017
CaseChat Overview and Summary
In the matter of *Herron and Herron*, Judge Newbrun considered orders relating to the production of documents and the valuation of a business. The dispute involved a company, the husband, and the wife, concerning the disclosure of financial records and the revaluation of a business.
The court was required to determine the extent of the company's obligation to produce receipts pursuant to a subpoena, and to make orders regarding the accessibility and production of boxes of documents that had been delivered by the husband to the wife. Furthermore, the court needed to vary a previous order concerning the valuation of the business to ensure it was updated and included specific financial information.
Judge Newbrun ordered the company to produce any outstanding receipts required by the subpoena within six weeks. The wife was directed to make the delivered boxes of documents available to the husband within three weeks, and the company was to deliver these boxes to the court within six weeks. Crucially, a prior order regarding the business valuation was varied to require the joint valuer to update the valuation as at 30 June 2017, taking into account cash at bank, trade receivables and payables, debtors and creditors, and the financial statements for the year ending 30 June 2017. The valuer was also to consider documentary material provided by the wife. The proceedings were adjourned for mention.
The court was required to determine the extent of the company's obligation to produce receipts pursuant to a subpoena, and to make orders regarding the accessibility and production of boxes of documents that had been delivered by the husband to the wife. Furthermore, the court needed to vary a previous order concerning the valuation of the business to ensure it was updated and included specific financial information.
Judge Newbrun ordered the company to produce any outstanding receipts required by the subpoena within six weeks. The wife was directed to make the delivered boxes of documents available to the husband within three weeks, and the company was to deliver these boxes to the court within six weeks. Crucially, a prior order regarding the business valuation was varied to require the joint valuer to update the valuation as at 30 June 2017, taking into account cash at bank, trade receivables and payables, debtors and creditors, and the financial statements for the year ending 30 June 2017. The valuer was also to consider documentary material provided by the wife. The proceedings were adjourned for mention.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
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Family Law
Legal Concepts
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Discovery
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Jurisdiction
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Remedies
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Procedural Fairness
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Citations
Herron and Herron [2017] FCCA 3242
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