PETERS & GIANNOPOULOS

Case

[2016] FamCA 260

22 April 2016


Details
AGLC Case Decision Date
PETERS & GIANNOPOULOS [2016] FamCA 260 [2016] FamCA 260 22 April 2016

CaseChat Overview and Summary

In the matter of *Peters & Giannopoulos*, Berman J considered applications by the wife for litigation funding and for discovery of documents relating to entities controlled by the husband's parents. The wife alleged the husband had significant access to wealth within these entities, which the husband denied.

The court was required to determine whether to grant the wife's application for a lump sum payment for legal costs and disbursements, and whether to order the husband to produce a wide range of documents concerning company and trust entities controlled by his parents. The husband opposed the discovery order, asserting he had already provided all relevant documents within his possession, power, or control.

Berman J ordered the husband to pay the wife a lump sum of $63,717 for legal fees and disbursements, to be paid directly to the wife's solicitors. This order was made pursuant to section 117 of the *Family Law Act 1975* (Cth). The court also made a "dollar for dollar" order, requiring the husband to match any payments made by him for his own legal expenses by paying an equivalent sum to the wife's solicitors. The court declined to order the production of the extensive company and trust documents sought by the wife, finding that the husband had provided all documents in his possession, power, and control, and did not make orders regarding the husband's right to call for documents as a beneficiary. However, the husband was ordered to provide discovery of his bank statements from 1 July 2012. The court also ordered the husband to pay the wife $801 weekly and to cover specified vehicle expenses up to $2,000 per annum. The interim proceedings were dismissed.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Discovery

  • Costs

  • Remedies

  • Jurisdiction

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Cases Cited

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Statutory Material Cited

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