SALTZER & PACEK (No.4)

This matter concerned an application for extensive discovery brought by the applicant on the eve of a final hearing in family law proceedings. The applicant had retained multiple legal and accounting professionals throughout the proceedings, which had been expedited by the court. The applicant had also unilaterally cancelled agreed mediations, despite the parties' stated intention to preserve the trial date. The discovery sought by the applicant predated the separation of the parties by many years.

The central legal issues before Judge A. Kelly were whether the extensive discovery sought by the applicant was necessary, given the lack of cogent evidence supporting its necessity, and whether the application constituted a "fishing expedition" or an abuse of the discovery process due to its broad scope and timing. The court was also required to consider case management principles in determining whether to grant such broad relief.

The court reasoned that the applicant had failed to provide sufficient evidence to demonstrate the necessity of the broad discovery sought, particularly given its retrospective nature and the proximity to the trial date. The court found that the application appeared to be an attempt to discover whether a case existed, rather than to obtain evidence to support an existing case, thus constituting a fishing expedition. Case management considerations, including the need to preserve the trial date and avoid undue delay, weighed against granting the extensive relief sought.

The court made several orders, including authorising parties to appear via audio and video link, releasing a sum of $500,000 from sale proceeds to each party, and ordering limited discovery from both the applicant and respondent concerning specific entities and periods. Directions were also made for the filing of trial affidavits, a joint court book, and outlines of case, with strict timeframes to ensure the final hearing could proceed as scheduled. Other outstanding interim applications were dismissed.