Pitt & Pitt (No. 2)

In *Pitt & Pitt (No. 2)*, Rose J of the Family Court of Australia considered applications by the Husband for discovery of documents and for an injunction against the Wife. The dispute arose within substantive family law proceedings concerning the division of property.

The court was required to determine whether documents in the possession, power, or control of the Wife related to an issue in the substantive proceedings, thereby attracting discovery obligations. Additionally, the court had to consider whether it was proper to grant an injunction restraining the Wife from communicating with a potential commercial competitor of a business conducted by R Pty Ltd.

Rose J ordered the Wife to produce to the Husband copies of all documents exchanged with G Limited between 1 January 2009 and 17 July 2009, within 48 hours. If any such documents were no longer in her possession, custody, or control, she was to provide a list of them by 5 pm on 14 August 2009. The court also ordered that the parties share equally the costs of experts Ms D and Mr H and execute any reasonable retainer agreements. Furthermore, the Wife was restrained, pending further order, from communicating with any employee or representative of G Ltd or its subsidiaries or associates, or providing them with documents or information relating to the business of R Pty Ltd, except as permitted by a prior order. Costs were reserved.