Kardari and Kardari and Anor

This matter concerned an application before Young J in the Family Court of Australia. The applicant wife sought to join Mrs M Kardari as the second respondent to the proceedings. The husband and the second named respondent were represented by the same solicitor.

The court was required to determine several procedural and case management issues. These included whether to grant leave for the solicitors to issue subpoenas for documents, the further listing of the matter for case management, and directions regarding the preparation and filing of reports and affidavits by the parties and their experts. The court also considered the method by which a Lebanese solicitor, Ms S, might give evidence and the updating of financial statements and superannuation entitlements.

Young J made orders by consent regarding the joinder of Mrs M Kardari as the second respondent, permitting her to be represented by the husband's solicitor. The court granted leave for the issuance of subpoenas and directed that all such subpoenas be returned by a specified date. Further directions were given for the solicitors investigating Lebanese property dealings to confer and produce a joint report. The court also ordered that if Ms S were to give evidence, it must be in person, with costs reserved for the trial judge. The parties were directed to file updated trial affidavits and financial statements, and to exchange lists of debts and liabilities, with superannuation entitlements to be updated and agreed.