Porter and Bergman

Case

[2007] FamCA 847

3 August 2007


Details
AGLC Case Decision Date
Porter and Bergman [2007] FamCA 847 [2007] FamCA 847 3 August 2007

CaseChat Overview and Summary

In the matter of *Porter and Bergman*, Young J considered an application by a Case Guardian concerning the disclosure of documents and the joinder of a party to proceedings. The dispute involved agreements relating to the sale of shares and a shareholders' agreement, with the Case Guardian seeking access to files held by solicitors Rockman & Rockman pertaining to these agreements.

The court was required to determine whether the solicitors should be compelled to make available for inspection and copying all files, notes, drafts, instructions, memoranda, and counsel's written opinions related to the drafting and execution of the sale of shares agreement and the shareholders' agreement. Additionally, the court considered the procedural steps for the joinder of Mr Sarinsson to the proceedings and the filing of supporting and answering affidavits.

Young J ordered that Rockman & Rockman provide the specified documents to the Case Guardian's solicitors within ten days, at the Case Guardian's expense. The court also directed the Case Guardian to file and serve an affidavit in support of the orders sought regarding the joinder of Mr Sarinsson by 11 September 2007, with Mr Sarinsson to file any answering affidavits by 21 September 2007. The further hearing of these applications, including the joinder of Mr Sarinsson, was adjourned to 11 October 2007, with costs reserved.
Details

Areas of Law

  • Civil Procedure

  • Equity & Trusts

Legal Concepts

  • Discovery

  • Costs

  • Jurisdiction

  • Standing

  • Procedural Fairness

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