PILOT & PILOT (SUBPOENA TO TRUSTEE)

In *Pilot & Pilot (Subpoena to Trustee)*, Benjamin J of the Family Court of Australia considered an application by a Trustee to set aside a subpoena issued by a husband. The subpoena sought the production of the Trustee's file relating to the husband's role as Trustee and proceedings between the parties.

The central legal issue before the court was whether the subpoena should be set aside. This required the court to consider the scope and validity of subpoenas in family law proceedings, particularly when they seek documents held by a trustee in circumstances where the trustee is also a party to the underlying proceedings.

Benjamin J determined that the subpoena should be set aside. While the precise reasoning is reserved, the outcome suggests the court found the subpoena to be an improper use of the court's process, likely due to issues concerning privilege, relevance, or the appropriateness of compelling production from a trustee in this context. The husband was ordered to pay the Trustee's legal costs in relation to the subpoena.