Porto and Porto (No. 3)
Case
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[2007] FamCA 1612
•14 December 2007
Details
AGLC
Case
Decision Date
Porto and Porto (No. 3) [2007] FamCA 1612
[2007] FamCA 1612
14 December 2007
CaseChat Overview and Summary
This matter came before Dessau J in the Supreme Court of Victoria concerning an application by the Wife. The dispute involved the Wife seeking various orders for disclosure of financial information and documents from the Husband, particularly relating to his financial dealings in Portugal and with an individual referred to as "Mr D". The Wife also sought leave to subpoena certain legal firms for their trust account and billing records pertaining to the Husband.
The court was required to determine the extent of disclosure necessary to facilitate the Wife's case, particularly in light of the Husband's alleged significant financial transactions. Key issues included the Husband's obligation to provide access to his Portuguese bank records, details of his dealings with Mr D, and the production of his telephone and travel records. The court also considered the Wife's entitlement to obtain records from the Husband's former solicitors.
Dessau J ordered the Husband to sign a "Procuraçeo" authorising Portuguese banks to release his financial statements, disbursement records, loan applications, and correspondence to the Wife's solicitor. The Husband was also ordered to provide specific answers and supporting documentation regarding his interactions with Mr D, the nature of investment developments, and his cheque-writing practices. Furthermore, the Wife was granted leave to subpoena passenger embarkation and arrival cards from the Department of Immigration and Citizenship, as well as trust account and billing records from Berger Kordos Lawyers and Louis H. Stergiou, Solicitor. The Husband was ordered to pay the Wife's costs of the application.
The court was required to determine the extent of disclosure necessary to facilitate the Wife's case, particularly in light of the Husband's alleged significant financial transactions. Key issues included the Husband's obligation to provide access to his Portuguese bank records, details of his dealings with Mr D, and the production of his telephone and travel records. The court also considered the Wife's entitlement to obtain records from the Husband's former solicitors.
Dessau J ordered the Husband to sign a "Procuraçeo" authorising Portuguese banks to release his financial statements, disbursement records, loan applications, and correspondence to the Wife's solicitor. The Husband was also ordered to provide specific answers and supporting documentation regarding his interactions with Mr D, the nature of investment developments, and his cheque-writing practices. Furthermore, the Wife was granted leave to subpoena passenger embarkation and arrival cards from the Department of Immigration and Citizenship, as well as trust account and billing records from Berger Kordos Lawyers and Louis H. Stergiou, Solicitor. The Husband was ordered to pay the Wife's costs of the application.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
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Family Law
Legal Concepts
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Discovery
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Costs
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Consent
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Procedural Fairness
Actions
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