Malinda and Malinda and Ors

Case

[2011] FamCA 322

10 May 2011


Details
AGLC Case Decision Date
Malinda and Malinda and Ors [2011] FamCA 322 [2011] FamCA 322 10 May 2011

CaseChat Overview and Summary

In the matter of *Malinda and Malinda and Ors*, Cronin J of the Family Court of Australia made orders concerning the joinder of additional parties and the disclosure of documents. The proceedings involved a dispute between the parties, with the wife seeking to join Business 1, G Malinda (also known as L Malinda), P Malinda, and A Malinda as parties. The wife was also granted leave to file a further amended application.

The court was required to determine the appropriate orders regarding the joinder of new parties, the service of documents, the return of subpoenas, and the release of documents for inspection and copying. Specifically, the court considered which documents, subpoenaed from the Commonwealth Bank of Australia, Caroline Counsel Family Lawyers, and Ms Malinda, should be made available to all parties, and under what conditions.

Cronin J ordered that Business 1, G Malinda, P Malinda, and A Malinda be joined as parties to the proceedings. The court further ordered that each party serve copies of all documents relied upon on the solicitors for the new respondents. The return of certain subpoenas was adjourned, and documents subpoenaed from the Commonwealth Bank of Australia and Ms Malinda were ordered to be released for inspection and copying by all parties. Documents subpoenaed from Caroline Counsel Family Lawyers were also ordered to be released, with specific exceptions for communications with Mr W that were not relevant and for electronic versions of documents already produced in printed form. The court also certified that it was reasonable to engage counsel, including senior counsel and two counsel, to attend the proceedings.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Discovery

  • Costs

  • Procedural Fairness

  • Jurisdiction

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Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

1

B Pty Ltd and Ors & K and Anor [2008] FamCAFC 113