Hunt and Stinson & Anor

[2012] FamCA 633

FAMILY COURT OF AUSTRALIA

HUNT & STINSON AND ANOR [2012] FamCA 633

FAMILY LAW – PRACTICE AND PROCEDURE - Confidentiality agreement – By agreement of all parties previous orders replaced to give effect to intention

Family Law Act 1975 (Cth)

INTERVENER/APPLICANT: Mr Hunt

1^ST RESPONDENT WIFE: Ms Stinson

2^ND RESPONDENT HUSBAND: Mr Stinson

FILE NUMBER: MLC 9869 of 2011

DATE DELIVERED: 3 August 2012

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Cronin J

HEARING DATE: 3 August 2012

REPRESENTATION

COUNSEL FOR THE

INTERVENER/APPLICANT:

Mr Brown SC with Mr Weil

SOLICITOR FOR THE

INTERVENER/APPLICANT:

HWL Ebsworth Lawyers

COUNSEL FOR THE 1^ST RESPONDENT

WIFE:

Mr Glick SC with Mr Strum

SOLICITOR FOR THE 1^ST

RESPONDENT WIFE:

Taussig Cherrie Fildes

COUNSEL FOR THE
2^ND RESPONDENT HUSBAND: Ms Grobtuch

SOLICITOR FOR THE
2^ND RESPONDENT HUSBAND: Kennedy Partners

Orders

1. That paragraphs 1 to 4 of the orders made on 9 July 2012 are discharged.

2. That the wife forthwith execute an acknowledgement addressed to Mr Hunt and to the husband in the terms of document attached to this order.

3. That the wife’s firm of solicitors execute an acknowledgement addressed to Mr Hunt in the terms of the annexure relevant to them attached to these orders.

4. That the husband’s response seeking interim orders filed 18 June 2012 is otherwise dismissed.

5. That upon the receipt the solicitors for the husband and Mr Hunt of the executed acknowledgements referred to in these orders, all documents produced under subpoena are released for inspection and copying.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Hunt & Stinson and Ors has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER: MLC 9869  of 2011

Mr Hunt

Intervener/Applicant

And

Ms Stinson

1^st Respondent Wife

And

Mr Stinson

2^nd Respondent Husband

REASONS FOR JUDGMENT

1. This matter was listed at the request of the parties on 3 August 2012 to clarify orders that I had made on 9 July 2012.  On that day, I ordered that the wife execute an acknowledgement addressed to the “the applicant” relating to keeping documents confidential and I also ordered that the solicitors who acted for her do something similar.

2. A number of matters were raised by all members of counsel.  The first was that the order makes reference to the applicant in its body but its heading refers to the wife as the applicant.  That would clearly be a nonsense.  I therefore propose to fix that order by discharging it and replacing it this day.

3. The second matter relates to the wording of the order that requires the acknowledgement relating to documents provided by the third party.  As was brought to my attention, the third party is not producing documents but the husband who is his business partner is.  The third party however seeks the protection of the confidentiality of the information as well as the documents and that was clearly the intention of the orders that I there made. 

4. Subsequent to the orders being made on 9 July, the solicitors for the wife produced documents drawn according to the orders.  They were rejected by the third party solicitors who in turn prepared a comprehensive confidentiality agreement.  That was rejected by the solicitors for the wife.

5. After some commonsense discussion with all members of counsel, agreement was reached as to what I had intended and how it should be executed and for the sake of completeness, I propose to discharge the orders that I made on 9 July and replace them with orders that give effect to what I intended and for the avoidance of doubt, I have attached to those orders the relevant wording which I consider appropriate and which I understand is not objected to by all parties.

I certify that the preceding Five (5) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Cronin delivered on 3 August 2012.

Associate: 

Date:  5 August 2012