Jeeves and Jeeves (No. 3)

Case

[2008] FamCA 1149

18 December 2008


Details
AGLC Case Decision Date
Jeeves and Jeeves (No. 3) [2008] FamCA 1149 [2008] FamCA 1149 18 December 2008

CaseChat Overview and Summary

In *Jeeves and Jeeves (No. 3)*, the Honourable Justice Cronin considered an application by the wife concerning documents taken from the husband’s business premises. The dispute centred on the wife's possession and potential copying of these documents.

The court was required to determine whether the wife should be compelled to disclose the extent to which she or her agents had made copies of documents taken from the husband's business premises on 17 October 2008. Furthermore, the court had to consider the implications of section 128 of the *Evidence Act 1995* (Cth) in relation to any evidence provided by the wife concerning these copies.

Justice Cronin ordered that the wife file and serve an affidavit detailing any copies made of the documents, specifying the nature of the copies and the documents themselves. Pursuant to section 128 of the *Evidence Act 1995* (Cth), a certificate was to be given to the wife in respect of the evidence contained in this affidavit, and a sealed copy of this certificate was to be attached to the affidavit and remain on the court file. The wife was also ordered to deliver any such copies to the husband or his legal practitioners. The application filed on 16 December 2008 was otherwise dismissed, and the costs of all parties were reserved.
Details

Areas of Law

  • Family Law

  • Civil Procedure

  • Evidence

Legal Concepts

  • Discovery

  • Costs

  • Procedural Fairness

  • Privilege

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