Naiman & Naiman

In the matter of *Naiman & Naiman*, heard in the Federal Circuit Court of Australia before B Smith J, the applicant husband issued a subpoena to K Limited, the trustee of the K Trust, which is controlled by the wife's parents. The K Trust had loaned considerable sums to the parties, and the trust sought repayment of these loans. The wife and K Limited objected to the subpoena.

The central legal issue before the court was whether the objections raised by K Limited to the subpoena issued by the husband were valid. Specifically, the court had to determine if the K Trust, given its significant financial dealings with the parties and its claim for repayment, constituted a financial resource that could be considered in property settlement proceedings, and if so, whether the objections to the subpoena were entirely unsuccessful.

B Smith J reasoned that the K Trust was a potential financial resource relevant to the property proceedings. The court found that the objections raised by K Limited were entirely unsuccessful and therefore dismissed the notice of objection. The court ordered that the notice of objection be dismissed, granted leave for the parties to inspect documents produced by K Limited, and reserved the question of conduct money for the subpoena. The court also made orders regarding the filing of written submissions and the reservation of costs for the interim hearing.