Kelleher & Anderson (No. 2)

In *Kelleher & Anderson (No. 2)*, Carter J of the Family Court of Australia considered applications made by the wife in proceedings concerning property settlement and the validity of a deed of variation. The proceedings involved the wife seeking to set aside or have declared void a deed of variation, and alternatively seeking orders under s 90AE of the *Family Law Act 1975* (Cth). The court also addressed applications for subpoenas and the wife's contribution to the costs of a Case Guardian appointed for Mr Y.

The primary legal issues before the court were whether the wife should be granted leave to amend her application to include relief against Mr Y concerning the deed of variation, and whether various subpoenae should be issued or set aside. The court was also required to determine the wife's liability for the costs incurred by the Case Guardian.

Carter J directed that the wife's Form 2 Application and supporting affidavits be filed. Crucially, the court granted the wife leave to amend her application to include relief against Mr Y regarding the deed of variation, provided she filed such an amended application within 10 days and served it on the husband and the Case Guardian for Mr Y. The husband was granted leave to apply in respect of any such application within 10 days of service. However, the court dismissed part of the wife's amended application and refused leave to issue certain subpoenae, setting aside a subpoena previously issued to Mr Y. The wife was ordered to contribute towards the Case Guardian's costs for the proceedings of the day, including solicitor and counsel fees, with provision for assessment and stay of payment if costs were not agreed. The court certified that the matter reasonably required the attendance of counsel. The Case Guardian indicated that if the wife pursued orders against Mr Y, they would not contest such an application.