NYLES & NYLES

In the matter of NYLES & NYLES, Justice Mushin of the Family Court of Australia considered applications by the husband to vary or set aside orders made on 10 March 2004 pursuant to section 79A of the *Family Law Act 1975* (Cth) and to set aside a financial agreement dated 10 March 2004 pursuant to section 90K of the same Act. The dispute involved the wife's entitlement to discovery of documents from T Group Ltd, a company, concerning its May 2004 "book build" and Initial Public Offering (IPO).

The primary legal issues before the court were whether the wife was entitled to inspect and copy the company's books relating to the IPO and whether the company's Due Diligence Committee books constituted discoverable documents. The court also had to determine the procedure for obtaining such discovery and the subsequent obligations of the parties regarding the discovered documents.

Justice Mushin ordered that the wife, within 28 days of the expiry of the time for confidentiality undertakings, arrange with T Group Ltd to inspect and copy the company's books from 14 August 2003 to 10 March 2004, specifically concerning her knowledge of the IPO. Crucially, the court declared that the company's books relating to its Due Diligence Committee were not discoverable and were excluded from this order. Following the inspection, the wife was to file an affidavit of documents and make discoverable documents available to the husband, subject to privilege. Both parties and their legal representatives were required to provide confidentiality undertakings to the company before receiving copies of documents. The court stayed the discovery orders until these undertakings were performed. The matter was then referred to the Registrar for listing, with the trial to proceed only on the grounds for varying or setting aside the previous orders and the financial agreement.