FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Perrotta & Perrotta [2021] FedCFamC2F 61
File number(s): BRC 3049 of 2019 Judgment of: JUDGE SPELLEKEN Date of judgment: 16 September 2021 Catchwords: FAMILY LAW – subpoena objection - where the mother sought a subpoena from the Office of the Health Ombudsman – where the Office of the Health Ombudsman objected to that subpoena on the grounds of relevance, insufficient particulars and confidentiality – where the material sought in the subpoena is relevant – where the relevant statute provides the Office of the Health Ombudsman is not required to disclose confidential information to a court or tribunal. Legislation: Family Law Act 1975 (Cth) s 4AB;
Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) r 6.01;
Health Ombudsman Act 2013 (Qld) ss272, 274.
Cases cited: Hatton & Attorney-General (Cth) and Ors (2000) 26 Fam LR 570;
Trade Practices Commission v Arnotts Limited (No. 2) (1989) 21 FCR 306.
Division: Division 2 Family Law Number of paragraphs: 34 Date of last submission/s: 15 September 2021 Date of hearing: 15 September 2021 Place: Brisbane Solicitor for the Applicant: Pippa Colman & Associates Counsel for the Respondent: Mr Alexander Solicitor for the Respondent: McInnes Wilson Lawyers Counsel for the Other: Mr Templeton ORDERS
BRC 3049 of 2019 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: MR PERROTTA
Applicant
AND: MS PERROTTA
Respondent
OFFICE OF THE HEALTH OMBUDSMAN
Other
ORDER MADE BY:
JUDGE SPELLEKEN
DATE OF ORDER:
15 SEPTEMBER 2021
THE COURT ORDERS:
1.That the Notice of Objection to Subpoena filed by the Office of the Health Ombudsman on 30 August 2021 be upheld.
2.That pursuant to rule 6.01 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) the father produce to the mother by no later than 4:00pm on 17 September 2021 all complaints and correspondence with the Office of the Health Ombudsman and/or AHPRA including any correspondence from the father to those organisations and vice versa in relation to;
(a)the mother;
(b)the maternal grandparents; and
(c)D Pty Ltd
Costs
3.That the Office of the Health Ombudsman’s costs of and incidental to the Notice of Objection to Subpoena filed 30 August 2021 be reserved.
4.That the Office of the Health Ombudsman file and serve written submissions on the issue of costs by no later than 4:00pm on 30 September 2021.
5.That the mother file and serve written submissions on the issue of costs by no later than 4:00pm on 14 October 2021.
6.That if he chooses to do so, the father file and serve any written submissions on the issue of costs by no later than 4:00pm on 14 October 2021.
7.That the Office of the Health Ombudsman file and serve and reply as to law on the issue of costs by no later than 4:00pm on 28 October 2021.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for…
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CaseChat Overview and Summary
The court held that the material sought was relevant to the case, but the subpoena was not sufficiently particularised. The court found that the Ombudsman was not required to disclose confidential information as per the relevant statute. Consequently, the objection to the subpoena was upheld. The court ordered the father to produce the required documents to the mother by a specified date. The costs associated with the objection were reserved, and the parties were required to file written submissions on the issue of costs within specified timeframes.
The court's orders included the upholding of the objection to the subpoena, a directive for the father to produce certain documents to the mother, and a reservation of costs. The Office of the Health Ombudsman was instructed to file written submissions on costs, with the mother and father having the option to do the same. The court's decision was subject to review and variation as per the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Orders
Orders of the court
BRC 3049 of 2019
FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN:
MR PERROTTA
Applicant
AND:
MS PERROTTA
Respondent
OFFICE OF THE HEALTH OMBUDSMAN
Other
ORDER MADE BY:
JUDGE SPELLEKEN
DATE OF ORDER:
15 SEPTEMBER 2021
THE COURT ORDERS:
1. That the Notice of Objection to Subpoena filed by the Office of the Health Ombudsman on 30 August 2021 be upheld.
2. That pursuant to rule 6.01 of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) the father produce to the mother by no later than 4:00pm on 17 September 2021 all complaints and correspondence with the Office of the Health Ombudsman and/or AHPRA including any correspondence from the father to those organisations and vice versa in relation to;
(a) the mother;
(b) the maternal grandparents; and
(c) D Pty Ltd
Costs
3. That the Office of the Health Ombudsman’s costs of and incidental to the Notice of Objection to Subpoena filed 30 August 2021 be reserved.
4. That the Office of the Health Ombudsman file and serve written submissions on the issue of costs by no later than 4:00pm on 30 September 2021.
5. That the mother file and serve written submissions on the issue of costs by no later than 4:00pm on 14 October 2021.
6. That if he chooses to do so, the father file and serve any written submissions on the issue of costs by no later than 4:00pm on 14 October 2021.
7. That the Office of the Health Ombudsman file and serve and reply as to law on the issue of costs by no later than 4:00pm on 28 October 2021.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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