FAMILY COURT OF AUSTRALIA
| SADEK AND ORS & HALL AND ANOR | [2015] FamCAFC 23 |
| FAMILY LAW – APPEAL – LEAVE TO APPEAL – Practice and procedure – Subpoenas – Where appellants seek leave to appeal against orders refusing to set aside subpoenas – Where the subpoenas to produce documents are in relation to the wife’s deceased father’s will and estate – Where the appellants argue that the subpoenas were oppressive and constituted a “fishing” exercise – Where the appellants argue that the production of the documents was not necessary – Whether service of an affidavit disclosing part of the contents of the documents rendered production unnecessary – Where the appellants argue the documents required under subpoena are subject to client legal privilege, confidential and inadmissible in these proceedings – Where there is an injunction in place to protect the privacy of the parties and third parties – Section 121 of the Family Law Act 1975 (Cth) – Where leave to appeal is refused. |
| Family Law Act 1975 (Cth), s 94AA(1), s 114, s 121 Family Law Rules 2004 (Cth), r 15.27 |
| Bruce F McLaren Holdings Pty Ltd and Ors & McLaren & McLaren (2000) FLC 93-030 Harman v Secretary of State for the Home Department [1983] 1 AC 280 Harris Scarfe Limited (Receivers and Managers Appointed) (in liq) v Ernst & Young (No 10) (2006) 204 FLR 165 Hatton v The Attorney-General(Cth) (2000) FLC 93-038 Hearne v Street (2008) 235 CLR 125 Rutherford & Rutherford (1991) FLC 92-255 |
National Employers’ Mutual General Association Ltd v Waind and Hill [1978] 1 NSWLR 372
Sitwell & Sitwell (2014) 51 Fam LR 159
| APPELLANTS: | Mr F Sadek, Mr C Sadek, Mr E Sadek and Ms D Sadek |
| 1ST RESPONDENT: | Mr Hall |
| 2ND RESPONDENT: | Ms Hall |
| FILE NUMBER: | ADC | 3671 | of | 2013 |
| APPEAL NUMBER: | SOA | 41 | of | 2014 |
| DATE DELIVERED: | 20 February 2015 |
| PLACE DELIVERED: | Sydney |
| PLACE HEARD: | Adelaide |
| JUDGMENT OF: | Thackray, Strickland & Aldridge JJ |
| HEARING DATE: | 13 November 2014 |
| LOWER COURT JURISDICTION: | Family Court of Australia |
| LOWER COURT JUDGMENT DATE: | 17 June 2014 |
| LOWER COURT MNC: | [2014] FamCA 407 |
REPRESENTATION
| COUNSEL FOR THE APPELLANTS: | Mr Whitington QC and Mr Doyle |
| SOLICITOR FOR THE APPELLANTS: | Shaw Lawyers |
| COUNSEL FOR THE 1ST RESPONDENT: | Mr O'Shannessy |
| SOLICITOR FOR THE 1ST RESPONDENT: | Kennedy Partners |
| COUNSEL FOR THE 2ND RESPONDENT: | Ms Kari |
| SOLICITOR FOR THE 2ND RESPONDENT: | Barnes Brinsley Shaw |
Orders
The application for leave to appeal filed 11 July 2014 be dismissed.
The interim order made on 13 November 2014 be discharged.
The appellants pay the first respondent’s and second respondent’s costs of and incidental to the appeal as agreed or in default of agreement, as assessed.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Sadek and Ors & Hall and Anor has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
| THE FULL COURT OF THE FAMILY COURT OF AUSTRALIA AT ADELAIDE |
Appeal Number: SOA 41 of 2014
File Number:…
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- Case
- [2015] FamCAFC 23
- Decision Date
CaseChat Overview and Summary
The primary legal issue before the court was whether the applicants had demonstrated sufficient grounds to justify leave to appeal the interim order. The court needed to consider whether the applicants had identified errors of law or fact that warranted the granting of leave to appeal, and whether the appeal had a reasonable chance of success. The court also needed to consider the appropriate costs orders in relation to the appeal.
The court found that the applicants had not demonstrated sufficient grounds for leave to appeal. The applicants had not identified any errors of law or fact that warranted the granting of leave to appeal, and the court was not satisfied that the appeal had a reasonable chance of success. The court therefore dismissed the application for leave to appeal and discharged the interim order. The court also made orders for the applicants to pay the respondents' costs of and incidental to the appeal as agreed or in default of agreement, as assessed.
In summary, the applicants were unsuccessful in their application for leave to appeal and the interim order was discharged. The applicants were also ordered to pay the respondents' costs of and incidental to the appeal.
Orders
Orders of the court
1. The application for leave to appeal filed 11 July 2014 be dismissed.
2. The interim order made on 13 November 2014 be discharged.
3. The appellants pay the first respondent’s and second respondent’s costs of and incidental to the appeal as agreed or in default of agreement, as assessed.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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