Martin & Martin & Anor (No 5)

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FAMILY COURT OF AUSTRALIA

MARTIN & MARTIN AND ANOR (NO 5) [2014] FamCA 954
FAMILY LAW – Subpoena process – application to set aside – Where in interlocutory proceedings subpoena to give evidence was issued – appropriateness of registrar exercising discretion – Where the issue after evidence had begun concerned both the question of the existence of documents but also other questions about the substantive proceedings – Can counsel cross-examine own witness? – Can a witness be challenged about both the existence of documents but also credit in such an interlocutory process? – Application to set aside subpoenae refused – Where the court was asked to refuse to admit evidence obtained in that interrogative process at trial – Application refused on the basis that its admission and use was a matter for the trial judge.
Evidence Act 1995 (Cth)
Family Law Act 1975 (Cth)

AG Australia Holdings Ltd v Burton and Another [2002] NSWSC 170

Faden and Faden (No 3) [2011] FamCA 897
Hexiva Pty Ltd v Lederer [2006] NSWSC 561
Hughes v Western Australian Cricket Association Inc (1986) 66 ALR 541
Ishac and David Securities Pty Ltd; Ishac v David Securities Pty Ltd (No 6) (unreported decisions of the Supreme Court of NSW, Young J, (1991); (1992)
Kennedy v Wallace [2004] FCA 636
Kennedy Taylor (Vic) Pty Ltd v Grocon Pty Ltd [1999] VSC 242
Khanna v Lovell White Durrant (a firm) [1995] 1 WLR 121
Lewis v Nortex Pty Ltd (in liquidation); Lamru Pty Ltd v Kation Pty Ltd [2002] NSWSC 1064
LGM and CAM [2008] FamCA 185
Lucas Industries Limited v Hewitt [1978] 45 FLR 174
Luigi Iacullo v Remley Pty Ltd & Ors [2010] NSWSC 980
Martin and Martin [2012] FamCA 689
Martin and Martin and Anor (No 2) [2014] FamCA 232
Martin and Martin and Anor (No 3) [2014] FamCA 402
Martin and Martin and Anor (No 4) [2014] FamCA 442
Northern Territory and GPAO (1999) CLR 553
Penn-Texas Corporation v Murat Anstalt and Ors (No 2) [1964] 2 QB 647
Quach v Vu and Ors [2009] NSWSC 131
Re Z (1996) 20 Fam LR 651
Rogers v R (1994) 181 CLR 251
Trade Practices Commission v Arnotts Limited and Ors (No 2) [1989] 21 FCR 306
APPLICANT: Ms Martin
RESPONDENT: Mr Martin
INTERVENOR: X Firm
FILE NUMBER: MLC 9829 of 2007
DATE HEARD: 4 September 2014
DATE DELIVERED: 7 November 2014
PLACE DELIVERED: Melbourne
PLACE HEARD: Melbourne
JUDGMENT OF: Cronin J
HEARING DATE: By way of written Submissions

SUBMISSIONS RECEIVED FROM:

SOLICITOR FOR THE RESPONDENT: Taussig Cherrie Fildes
SOLICITOR FOR THE INTERVENER: X Firm
SOLICITOR FOR MR O: Bowman & Knox

Orders

  1. The applications to set aside the subpoenae to Mr O and Mr HH Martin are dismissed.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Martin & Martin and Anor (No 5) has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

FAMILY COURT OF AUSTRALIA AT MELBOURNE
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Details
Case
[2014] FamCA 954
Decision Date

CaseChat Overview and Summary

The applicants, Martin & Martin & Anor (No 5), sought to set aside subpoenas issued to Mr O and Mr HH Martin. The proceedings were heard by Cronin J.

The central legal issue before the court was whether the subpoenas issued to Mr O and Mr HH Martin should be set aside.

Cronin J dismissed the applications to set aside the subpoenas. The reasons for this decision are not detailed in the provided text.

The court ordered that the applications to set aside the subpoenae to Mr O and Mr HH Martin be dismissed.

Orders

Orders of the court

1.

The applications to set aside the subpoenae to Mr O and Mr HH Martin are dismissed.

Background

Background to the litigation

Full text does not contain this section.

Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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