Lambard and Lambard & Ors (No 3)

Case

[2020] FamCA 879

20 October 2020


Details
AGLC Case Decision Date
Lambard and Lambard & Ors (No 3) [2020] FamCA 879 [2020] FamCA 879 20 October 2020

CaseChat Overview and Summary

This matter concerned an application before McClelland DCJ by the father, Mr Lambard, and the mother, Ms Lambard, in proceedings involving their children. The father sought leave to issue subpoenas to SS Pty Limited and TT Pty Limited, and also to UU Company. The mother sought leave to issue a subpoena to Mr O Lambard. Additionally, the third respondent, Ms M Lambard, was ordered to provide specific financial documents.

The court was required to determine whether to grant leave for the issuance of these subpoenas, considering the timing of their filing and the nature of the information sought. The court also had to consider the terms upon which documents produced in response to these subpoenas would be made available for inspection by the parties and their legal representatives. Furthermore, the court needed to address the provision of financial information by the third respondent.

McClelland DCJ granted leave retrospectively, or to the extent necessary, for the father to issue subpoenas to SS Pty Limited, TT Pty Limited, and UU Company. The court also granted leave for the mother to issue a subpoena to Mr O Lambard, seeking information as detailed in a specific unsealed subpoena. Provisions were made for the inspection and copying of documents produced in response to the subpoenas, with specific rights of first inspection granted to the mother and maternal grandmother for documents from UU Company. The third respondent, Ms M Lambard, was ordered to provide detailed financial documentation within 21 days. A subpoena filed by the father to the National Disability Insurance Agency was noted as not being pressed.
Details

Areas of Law

  • Civil Procedure

  • Family Law

Legal Concepts

  • Discovery

  • Jurisdiction

  • Costs

  • Injunction

Actions
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Cases Citing This Decision

0

Cases Cited

15

Statutory Material Cited

2

Lambard and Lambard & Anor [2020] FamCA 405
Lambard and Lambard & Ors [2020] FamCA 789