Lintz & Lintz & Ors

In proceedings before Bennett J, the dispute concerned the production of documents pursuant to a subpoena issued at the behest of the husband. The subpoena was directed to Mr and Ms E, who were the wife's parents.

The primary legal issue before the court was whether the documents produced by Mr and Ms E in compliance with the subpoena should be released for inspection by the parties to the proceedings. A specific point of contention related to the will and testament of each of the wife's parents.

Bennett J ordered that, subject to further order, the documents produced by Mr and Ms E be released for inspection by the parties. However, the will and testament of each of the wife's parents were not to be released unless and until the Registry Manager was notified in writing by Mr F of agreed terms for their inspection between his clients, the husband, and the wife. The court also made directions regarding the notification of agreed terms, the relisting of the matter if no agreement was reached, and the process for applications for costs associated with compliance with and objection to the subpoena.