FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Jingyi & Chao (No 4) [2024] FedCFamC1F 395
File number: SYC 3653 of 2021 Judgment of: HARPER J Date of judgment: 29 May 2024 Catchwords: FAMILY LAW – APPLICATION FOR REVIEW –
EX TEMPORE – Where wife seeking review of registrar’s decision to strike out five subpoenas – Whether wife demonstrated documents sought by subpoenas are of apparent relevance to an issue in proceedings – Where subpoenas are not to be used in place of court discovery processes that have not been exhausted – Orders for specific paragraphs of the schedules to four subpoenas issued to specific banks set aside – Objections to the four subpoenas issued to the banks dismissed – Objection to subpoena issued to non-bank entity upheld.Legislation cited: Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) Cases cited: Kehoe & Seden (No 2) [2022] FedCFamC1F 346
Lucas Industries Ltd v Hewitt (1978) 18 ALR 555
X Pty Ltd & Merhi [2015] FamCA 622
Division: Division 1 First Instance Number of paragraphs: 12 Date of hearing: 29 May 2024 Place: Sydney Counsel for the Applicant: Ms Johnston Solicitor for the Applicant: JC Legal Practice Counsel for the Respondents: Mr Condon SC Solicitor for the Respondents: Juris Cor Legal ORDERS
SYC 3653 of 2021 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN: MS JINGYI
Applicant
AND: MR CHAO
First Respondent
MR B CHAO
Second Respondent
C PTY LTD (and another named in the Schedule)
Third Respondent
ORDER MADE BY:
HARPER J
DATE OF ORDER:
29 MAY 2024
THE COURT ORDERS THAT:
1.Subparagraphs 2(a), 2(b), 3(a), 3(b), 4(a) and 4(b) of the schedules to the subpoenas addressed to T Bank, Commonwealth Bank of Australia, Westpac Banking Corporation, and National Australia Bank Limited be set aside, but that in all other respects, the objections to those subpoenas be dismissed.
2.The subpoena issued to U Pty Ltd filed 9 February 2024 be set aside.
3.Orders 1, 2 and 3 made on 24 April 2024 be set aside.
4.The First Respondent Husband have first access to any documents produced in answer to subpoenas addressed to T Bank, Commonwealth Bank of Australia, Westpac Banking Corporation and National Australia Bank, pursuant to subpoenas issued by the applicant on 19 February 2024, with such first access to lapse 14 days from the date of these orders if already produced or after production of those documents in the Registry and there be general access to the parties thereafter.
5.If there are documents which fall within fall outside the schedule of the subpoena, then the husband has leave to put those documents in a separate category in a sealed envelope.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors…
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- AGLC
- Jingyi & Chao (No 4) [2024] FedCFamC1F 395
- Case
- [2024] FedCFamC1F 395
- Decision Date
CaseChat Overview and Summary
Harper J considered the arguments presented and examined the relevance of the documents sought by the subpoenas to the issues in the proceedings. The judge noted that while the documents may be relevant, the use of subpoenas should not circumvent the court’s discovery processes. The court found that the subpoenas to the banks, except for specific paragraphs, were relevant and should not be struck out. However, the subpoena issued to U Pty Ltd was deemed unnecessary as it sought documents that could be obtained through other means. Consequently, the court set aside certain paragraphs of the schedules to the subpoenas addressed to the banks and upheld the objection to the subpoena issued to U Pty Ltd.
The court issued orders setting aside specific paragraphs of the subpoenas to the banks and dismissed the objections to the subpoenas to the banks in all other respects. Additionally, the subpoena issued to U Pty Ltd was set aside. The judge granted the first respondent first access to any documents produced in response to the subpoenas to the banks, with this access period expiring 14 days from the date of the orders if the documents were already produced or after their production in the Registry. The final orders provided for general access to the parties thereafter and allowed for the separation of any extraneous documents in a sealed envelope.
Orders
Orders of the court
SYC 3653 of 2021
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN:
MS JINGYI
Applicant
AND:
MR CHAO
First Respondent
MR B CHAO
Second Respondent
C PTY LTD (and another named in the Schedule)
Third Respondent
ORDER MADE BY:
HARPER J
DATE OF ORDER:
29 MAY 2024
THE COURT ORDERS THAT:
1. Subparagraphs 2(a), 2(b), 3(a), 3(b), 4(a) and 4(b) of the schedules to the subpoenas addressed to T Bank, Commonwealth Bank of Australia, Westpac Banking Corporation, and National Australia Bank Limited be set aside, but that in all other respects, the objections to those subpoenas be dismissed.
2. The subpoena issued to U Pty Ltd filed 9 February 2024 be set aside.
3. Orders 1, 2 and 3 made on 24 April 2024 be set aside.
4. The First Respondent Husband have first access to any documents produced in answer to subpoenas addressed to T Bank, Commonwealth Bank of Australia, Westpac Banking Corporation and National Australia Bank, pursuant to subpoenas issued by the applicant on 19 February 2024, with such first access to lapse 14 days from the date of these orders if already produced or after production of those documents in the Registry and there be general access to the parties thereafter.
5. If there are documents which fall within fall outside the schedule of the subpoena, then the husband has leave to put those documents in a separate category in a sealed envelope.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Part XIVB of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish an account of proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
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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