Porto and Porto

Case

[2010] FamCA 750

26 July 2010


Details
AGLC Case Decision Date
Porto and Porto [2010] FamCA 750 [2010] FamCA 750 26 July 2010

CaseChat Overview and Summary

In the matter of Porto and Porto, Dessau J of the Federal Magistrates Court of Australia considered applications made by the husband and wife. The proceedings concerned the disclosure of financial information, specifically relating to bank accounts held by the husband. The wife sought orders for the disclosure of information from several banks concerning accounts held by the husband, either solely or jointly.

The central legal issue before the court was whether to grant the wife's applications for orders compelling Banco Santander Central Hispano S.A., Caja de Ahorros y Pensiones de Barcelona S.A., and Banco Bilbao Vizcaya Argentaria S.A. to release detailed information regarding bank accounts held by the husband. This included information on account movements, balances, and other transactional data. The court also had to consider the adjournment of existing applications and the question of costs.

Dessau J ordered that all existing applications be adjourned to a later date. The wife was directed to file and serve any responding material to the husband's application by a specified date. Crucially, the court made orders compelling the named banks to release specified information concerning the husband's bank accounts to Westminster Lawyers. The court also reserved all questions of costs, including the applicability of the Federal Proceedings (Costs) Act, noting that the adjournment was necessitated by the non-attendance of a court-arranged interpreter.
Details

Areas of Law

  • Civil Procedure

  • Family Law

Legal Concepts

  • Discovery

  • Costs

  • Stay of Proceedings

  • Jurisdiction

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