Porto and Porto (No. 3)

In the matter of Porto and Porto (No. 3), Dessau J of the Family Court of Australia considered an application by the wife concerning the taking of evidence abroad. The dispute involved the wife seeking to obtain documents from a foreign jurisdiction relevant to financial proceedings between the parties.

The primary legal issue before the Court was whether to approve and facilitate the transmission of a Letter of Request to a foreign authority for the purpose of obtaining evidence, in accordance with the Convention on the Taking of Evidence Abroad in Civil or Commercial Matters. This involved determining the appropriate wording for the request to ensure it met the requirements for seeking information about potential funds held on behalf of the husband.

Dessau J reasoned that the Convention provided a framework for such international evidence gathering. The Court ordered that the Registry Manager of the Family Court of Australia, Melbourne Registry, arrange for a Letter of Request, amended to reflect reasonable grounds to believe funds are or have been held for the husband, to be sent to the relevant branch of the Australian Government Attorney-General’s Department. This was to be accompanied by a Portuguese translation and an affidavit of correct translation by a NAATI accredited translator, to be provided by the wife’s solicitors. The Court also ordered that its reasons for judgment be prepared with priority and provided to the parties, and that all existing applications be adjourned to a future telephone mention.