Prosdokimos and Prosdokimos and Anor

FAMILY COURT OF AUSTRALIA

PROSDOKIMOS & PROSDOKIMOS AND ANOR [2015] FamCA 375

FAMILY LAW – PRACTICE & PROCEDURE – Where a third party objects to subpoenas – Consideration of rule 15.26(1) – Where a registrar made a decision to uphold the objector’s notice of objections with certain exceptions – Where the wife seeks a review of the registrar’s decision – Where the objector is the appointer of the trust – Whether the objector has a sufficient interest in a subpoena – Whether the subpoenas are an abuse of process – Whether the subpoenas are a fishing expedition – Whether the subpoenas lack relevance – Where the objections to the subpoenas are dismissed.

Family Law Act 1975 (Cth)
Family Law Rules 2004 (Cth) r 15.26(1)

Bailey v Beagle Management Pty Ltd [2001] FCA 60

Cahill & Cahill (No 2) [2013] FamCA 453

Hatton v The Attorney General (Cth) (2000) FLC 93-038

National Employees Mutual General Association Limited v Waind & Hill [1978] 1 NSWLR 372
Roads and Traffic Authority of New South Wales v Conolly (2003) 57 NSWLR 310

Sadek and Ors & Hall and Anor [2015] FamCAFC 23

Witness v Marsden & Anor [2000] NSWCA 52

APPLICANT: Ms Prosdokimos

FIRST RESPONDENT: Mr Prosdokimos

SECOND RESPONDENT: Ms B

FILE NUMBER: SYC 1401 of 2014

DATE DELIVERED: 22 May 2015

PLACE DELIVERED: Sydney

PLACE HEARD: Sydney

JUDGMENT OF: Aldridge J

HEARING DATE: 13 April 2015

REPRESENTATION

COUNSEL FOR THE APPLICANT: Ms Loweson

SOLICITOR FOR THE APPLICANT: Konstan Lawyers

COUNSEL FOR THE FIRST RESPONDENT: No appearance

SOLICITOR FOR FIRST RESPONDENT: Karras Partners

COUNSEL FOR SECOND RESPONDENT: Mr Kearney SC

SOLICITOR FOR SECOND RESPONDENT: York Family Law

Orders

1. That the objections lodged by Ms B as to the subpoenas filed on 7 August 2014 and directed to: 

   (a)       D Pty Ltd;

   (b)       E Pty Ltd;

   (c)       F Accounting; and

   (d)       G Pty Ltd.

   are dismissed.          

2. That the documents are to be produced within fourteen (14) days of today.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Prosdokimos & Prosdokimos has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

FAMILY COURT OF AUSTRALIA AT SYDNEY

FILE NUMBER: SYC 1401 of 2014

Ms Prosdokimos

Applicant

and

Mr Prosdokimos

First Respondent

and

Ms B
Second Respondent

REASONS FOR JUDGMENT

Introduction

1. In property proceedings between Ms Prosdokimos (“the wife”) and Mr Prosdokimos (“the husband”), the wife issued subpoenas to a number of third parties.  Ms B, the husband’s mother (“the second respondent”), lodged objections to those subpoenas. 

2. The issues before the court are whether the second respondent has the standing to object and, if so, whether the subpoenas seek documents that have relevance to the proceedings.

3. Those objections were determined by Registrar George on 19 December 2014.  The Notice of Objection to the subpoena served upon D Pty Ltd was upheld except in relation to paragraph 2.11 of that subpoena.  The Notice of Objection to the subpoena served upon F Accounting was upheld…