KOSTINOU & KOSTINOU

In the Family Court of Australia, Berman J considered an application by the parties in proceedings concerning interim orders and the production of subpoenaed evidence. The dispute centred on whether the parties should be permitted to make copies of material produced in response to subpoenas issued to various companies.

The primary legal issue before the court was whether to allow the parties' legal representatives to make copies of documents produced under subpoena, while balancing the rights to confidentiality of the subpoenaed parties against the parties' need to inspect the material. The court also had to determine the appropriate conditions for the handling and ultimate disposition of any copies made.

Berman J reasoned that in the absence of evidence suggesting an ulterior motive by the parties to misuse the subpoenaed material, and considering the subpoenaed parties' right to confidentiality, it was appropriate to allow copies to be made. However, to protect confidentiality, the court ordered that the legal representatives of the parties be restrained from providing these copies directly to the parties or permitting them to inspect the copies. Instead, the copies were to be held by the solicitors.

The court ordered that leave be granted to the legal representatives of the parties to make copies of the documents produced in answer to the specified subpoenas. Crucially, the legal representatives were restrained from providing these copies to the parties or permitting the parties to inspect them until further order. The order further stipulated that upon conclusion of the proceedings, all copies were to be collected by the solicitors and returned to the Registry of the Family Court of Australia for destruction or return to the solicitors for the subpoenaed parties.