Mathieson & Mathieson

In *Mathieson & Mathieson*, heard by Dawe J, the wife sought various orders including that the matter proceed on an undefended basis due to the husband's non-compliance with previous orders. The husband sought to be released from an undertaking that prevented him from drawing on a financial facility secured against the former matrimonial home. The proceedings also involved issues concerning discovery, disclosure, and the potential provision of a certificate under section 128 of the *Evidence Act 1995* (Cth).

The court was required to determine whether to grant the wife's application for the matter to be heard on an undefended basis, considering the husband's alleged failures to comply with court orders. It also had to decide whether to release the husband from his undertaking regarding the financial facility. Further, the court needed to consider the circumstances under which a certificate pursuant to section 128 of the *Evidence Act* could be provided, particularly when evidence was given voluntarily. The question of costs for various applications was also before the court.

Dawe J directed the husband to answer further questions from the wife's solicitors within 14 days and noted that the husband's solicitors would respond to a specific letter within 10 days. Leave was granted for the wife's solicitors to issue a subpoena to the Child Support Agency for documents relating to the husband's financial circumstances. The husband's solicitors were also ordered to provide the wife's solicitors with a list of disputed factual matters and the basis for challenging an expert's opinion within 21 days of receiving a further report. The husband's application to be released from his undertaking was dismissed. The court reserved its decision on the section 128 certificate application, granting leave for the husband's solicitors to bring this before the court again without a formal written application, provided seven days' notice was given to the wife's solicitors. The husband was ordered to pay the wife's costs for a specific application filed on 14 July 2009. The matter was adjourned for directions regarding trial preparation, with further consideration of costs for other hearings and the time for payment of costs to be heard at a later date.