Milton and Milton
Case
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[2008] FamCA 392
•6 June 2008
Details
AGLC
Case
Decision Date
Milton and Milton [2008] FamCA 392
[2008] FamCA 392
6 June 2008
CaseChat Overview and Summary
In the matter of *Milton and Milton*, Judicial Registrar Loughnan considered an application concerning the disclosure of documents. The dispute involved the husband, his legal representatives Shipton & Associates, and the wife, who sought access to specific records.
The central legal issue before the court was whether the husband and his lawyers should be compelled to deliver to the wife's solicitors all records of written and oral communications, advices, and instructions pertaining to the husband's health, the date of cessation of the parties' personal relationship, and the extent of the husband's alcohol consumption.
Judicial Registrar Loughnan ordered that within 14 days, the husband and his lawyers, Shipton & Associates, must deliver to the wife's solicitors all records of written and oral communications, advices, and instructions. This included, but was not limited to, file notes, letters, faxes, advices, briefs, emails, and reports. These records were to relate to communications between the husband and/or his legal representatives and/or any expert retained and/or any treating medical practitioner, concerning the husband's health, the date of cessation of the personal relationship between the parties, and the extent of the husband's alcohol consumption. Leave was also granted for the parties to restore the proceedings before the Judicial Registrar regarding compliance with this order or the conduct of interim parenting proceedings.
The central legal issue before the court was whether the husband and his lawyers should be compelled to deliver to the wife's solicitors all records of written and oral communications, advices, and instructions pertaining to the husband's health, the date of cessation of the parties' personal relationship, and the extent of the husband's alcohol consumption.
Judicial Registrar Loughnan ordered that within 14 days, the husband and his lawyers, Shipton & Associates, must deliver to the wife's solicitors all records of written and oral communications, advices, and instructions. This included, but was not limited to, file notes, letters, faxes, advices, briefs, emails, and reports. These records were to relate to communications between the husband and/or his legal representatives and/or any expert retained and/or any treating medical practitioner, concerning the husband's health, the date of cessation of the personal relationship between the parties, and the extent of the husband's alcohol consumption. Leave was also granted for the parties to restore the proceedings before the Judicial Registrar regarding compliance with this order or the conduct of interim parenting proceedings.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Discovery
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Jurisdiction
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Procedural Fairness
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Remedies
Actions
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Citations
Milton and Milton [2008] FamCA 392
Most Recent Citation
Williams v CD Protective Services [2010] QSC 32
Cases Citing This Decision
5
Lynette Seale (Legal Representative for the Late Mr Seale) and Repatriation Commission
[2010] AATA 1047
LKFC and Repatriation Commission
[2008] AATA 535
LKFC and Repatriation Commission
[2008] AATA 535
Cases Cited
7
Statutory Material Cited
1
Ganter v Whalland
[2001] NSWSC 1101
Grant v Downs
[1976] HCA 63
Goldberg v NG
[1995] HCA 39