Morris and Stollier

Case

[2009] FamCA 955

7 September 2009


Details
AGLC Case Decision Date
Morris and Stollier [2009] FamCA 955 [2009] FamCA 955 7 September 2009

CaseChat Overview and Summary

In the matter of *Morris and Stollier*, heard before Austin J, the dispute concerned applications made by the respondent wife in family law proceedings. The wife sought to have her mother give evidence via telephone and also sought leave to issue subpoenas to C Accountants, B Business Advisors, and Ms H. Additionally, the wife sought orders for the applicant husband to produce financial statements and to file an updating Financial Statement.

The court was required to determine whether to grant the wife's application for her mother to give evidence by telephone, whether to grant leave for the wife to issue subpoenas to the named third parties, and whether to order the husband to produce specified financial documents and file an updated Financial Statement. The court also reserved the question of costs relating to the application for telephone evidence.

Austin J dismissed the wife's oral application for her mother to give evidence by telephone. However, by consent, leave was granted to the wife to issue subpoenas to C Accountants, B Business Advisors, and Ms H. The husband was ordered to produce all financial statements prepared for himself, the Morris Entities, and Morris Pty Limited to the wife's solicitors within seven days. Furthermore, the husband was directed to file and serve an updating Financial Statement by Friday, 11 September 2009. The costs associated with the telephone evidence application were reserved until the final hearing, to be considered in light of the overall outcome.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Discovery

  • Procedural Fairness

  • Jurisdiction

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