Police and Tannard - [2009] FamCA 583

FAMILY COURT OF AUSTRALIA

POLICE & TANNARD

[2009] FamCA 583

FAMILY LAW – INTERIM – Subpoena – Interlocutory Proceedings – Costs Order

Family Law Act 1975 (Cth)

APPLICANT:

MS POLICE

RESPONDENT:

MR TANNARD

FILE NUMBER:

MLC

3053

2008

DATE DELIVERED:

24 JUNE 2009

PLACE DELIVERED:

MELBOURNE

PLACE HEARD:

MELBOURNE

JUDGMENT OF:

YOUNG J

HEARING DATE:

24 JUNE 2009

REPRESENTATION

COUNSEL FOR THE APPLICANT:

MR SPICER

SOLICITOR FOR THE APPLICANT:

McKEAN & PARK

COUNSEL FOR THE RESPONDENT:

MR MAPLESTONE

SOLICITOR FOR THE RESPONDENT:

MICHAEL L. MAPLESTONE

Orders

IT IS ORDERED:

THAT the wife’s application in a case seeking interim orders filed 7 April 2008 be dismissed.
THAT the application for final orders filed 7 April 2008 be adjourned to Registrar Riddiford in his directions hearing list on 24 July 2009 at 11.00 a.m.
THAT the documents produced to the court by the National Australia Bank, in folder marked “A2” be delivered to the Subpoenas Clerk, Family Court, Melbourne Registry for safe keeping and be made available for inspection and copying by the solicitors for the husband and wife.
THAT the documents produced to the court by Hounslow & Associates, Lawyers of Melbourne, and being the solicitors acting for the wife in her personal injury proceedings be likewise delivered to the Subpoenas Clerk, Family Court, Melbourne Registry and be made available for inspection and copying by the solicitors for the husband and wife.
THAT the extempore reasons for judgment in respect of the receipt of and release of the National Australia Bank subpoenas be transcribed, be placed upon the Court file and be made available to the parties, and with the solicitor for the husband to forward a copy thereof to the solicitors for the National Australia Bank as soon as they are received.
THAT of and incidental to the application in a case filed by the wife, the wife pay or cause to be paid to the husband costs fixed in the sum of $7,000, such costs to be paid upon the settlement, resolution or determination of the s79 proceedings in this matter.
THAT the order for costs previously reserved by Cronin J be discharged.
THAT the extempore reasons for judgment on issues of costs be transcribed, be placed upon the Court file and be made available to the parties.

IT IS CERTIFIED

THAT pursuant to Rule 19.50 of the Family Law Rules this matter reasonably required the attendance of Counsel for the wife and solicitor appearing as counsel for the husband.

IT IS NOTED that publication of this judgment under the pseudonym Police v Tannard is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth)

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER: MLC 3053 of 2008

MS POLICE

Applicant

And

MR TANNARD

Respondent

REASONS FOR JUDGMENT

In the matter of Police & Tannard there is an interlocutory issue before the court. Mr Spicer of counsel appears for the wife who is in court. Mr Maplestone, solicitor, appears for the husband who is not in…

Grounds of appeal

[14] The appellant contends that the primary judge erred in finding that the respondent had discharged the onus of establishing the matters required under the relevant provision.

[15] It was submitted that his Honour failed to give adequate weight to the evidence of the second witness, and that the findings of fact were not reasonably open on the material before the Court.

[16] The respondent, for its part, submits that no error is disclosed, and that the conclusions reached were well within the range of outcomes available to the primary judge.

Consideration

[17] It is convenient to deal first with the question of construction, as the resolution of that issue informs the remaining grounds advanced by the appellant.

[18] For the reasons that follow, we are of the view that the appeal should be allowed in part and the matter remitted for further determination.

Continue reading Police and Tannard

Details

AGLC: Police and Tannard [2009] FamCA 583
Case: [2009] FamCA 583
Decision Date: 24 June 2009

CaseChat Overview and Summary

In *Police and Tannard*, heard by Young J, the wife sought interim and final orders in family law proceedings. The dispute concerned the production of documents subpoenaed from the National Australia Bank and Hounslow & Associates, lawyers for the wife in separate personal injury proceedings.

The central legal issue before the court was whether the documents subpoenaed from the National Australia Bank and Hounslow & Associates should be released to the parties for inspection and copying, and the appropriate orders regarding costs.

Young J determined that the documents produced by the National Australia Bank and Hounslow & Associates should be retained by the Subpoenas Clerk of the Family Court for safe keeping, but made available for inspection and copying by the solicitors for both the husband and wife. The court also ordered that the wife's application for interim orders be dismissed, and her application for final orders be adjourned. Costs were awarded against the wife in the sum of $7,000, payable upon the resolution of the proceedings.

Orders

Orders of the court

IT IS ORDERED:

THAT the wife’s application in a case seeking interim orders filed 7 April 2008 be dismissed.

THAT the application for final orders filed 7 April 2008 be adjourned to Registrar Riddiford in his directions hearing list on 24 July 2009 at 11.00 a.m.

THAT the documents produced to the court by the National Australia Bank, in folder marked “A2” be delivered to the Subpoenas Clerk, Family Court, Melbourne Registry for safe keeping and be made available for inspection and copying by the solicitors for the husband and wife.

THAT the documents produced to the court by Hounslow & Associates, Lawyers of Melbourne, and being the solicitors acting for the wife in her personal injury proceedings be likewise delivered to the Subpoenas Clerk, Family Court, Melbourne Registry and be made available for inspection and copying by the solicitors for the husband and wife.

THAT the extempore reasons for judgment in respect of the receipt of and release of the National Australia Bank subpoenas be transcribed, be placed upon the Court file and be made available to the parties, and with the solicitor for the husband to forward a copy thereof to the solicitors for the National Australia Bank as soon as they are received.

THAT of and incidental to the application in a case filed by the wife, the wife pay or cause to be paid to the husband costs fixed in the sum of $7,000, such costs to be paid upon the settlement, resolution or determination of the s79 proceedings in this matter.

THAT the order for costs previously reserved by Cronin J be discharged.

THAT the extempore reasons for judgment on issues of costs be transcribed, be placed upon the Court file and be made available to the parties.

IT IS CERTIFIED

THAT pursuant to Rule 19.50 of the Family Law Rules this matter reasonably required the attendance of Counsel for the wife and solicitor appearing as counsel for the husband.

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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