Porto and Porto (No. 2)

In the matter of Porto and Porto (No. 2), Dessau J of the Family Court of Australia considered an application by the wife for orders relating to the production of documents and information, and for costs. The dispute arose in the context of ongoing family law proceedings, where the wife sought to utilise a power of attorney (Procuração) signed by the husband to obtain financial information from Portuguese banks.

The primary legal issue before the Court was whether to grant the wife liberty to use the Procuração to secure the specified documents and information, and consequently, whether to restrain the husband from taking steps to frustrate its effect. A further issue concerned the wife's entitlement to costs on an indemnity basis for specific hearings. The Court also had to determine the fate of various applications filed by the wife, including an Application in a Case, an Amended Application, an Application for Contempt, and an Application for Contravention.

Dessau J reasoned that the wife should be permitted to utilise the Procuração, attaching a copy of the Court's previous orders and a Portuguese translation, to obtain the necessary financial documentation. The Court also ordered that the husband be restrained from any actions designed to frustrate or diminish the effect of this Procuração. The wife was awarded costs on an indemnity basis for the hearings conducted on 14 December 2007, 12 March 2008, 18 March 2008, and 20 March 2008, with a provision for agreement or taxation. However, the wife's Application in a Case, Amended Application, and Application for Contempt were dismissed, and she was granted leave to withdraw her Application for Contravention. Finally, the Registrar was directed to schedule a telephone mention to prepare the case for trial, with a request to hold it at least one month after the orders were made to allow time for the wife's solicitor to obtain the information from the Portuguese banks.