Madigan and Madigan (No 2)

This matter came before Watts J concerning an application by the wife to file a Response to an Application in a Case. The proceedings involved a dispute between the parties, the Madigans, with the court being asked to make various orders regarding the inspection of documents and the scheduling of future hearings.

The primary legal issues before the court were the procedural steps required for the wife to file her response, the management and inspection of documents produced by a Dr B under subpoena, and the appropriate scheduling of the substantive proceedings in light of these procedural matters. The court was also required to consider the implications of privilege on the inspection of certain documents and the use of Dr B's report.

Watts J made a series of orders to manage the case. Leave was granted to the wife to file her Response, and the previously scheduled hearing dates were vacated. The Application in a Case was adjourned for mention, with a potential hearing date set. Crucially, orders were made concerning the inspection of documents produced by Dr B, with specific timelines for the wife's lawyer to review the material and for the husband to inspect non-objectionable documents. The court also addressed the ability of the wife's solicitor to provide copies of Dr B's material to experts and stipulated that parties must indicate within 14 days whether they intend to tender documents relating to privileged settlement communications. The court further ordered the exchange of case outlines and reserved costs.