Sargood and Winters

Guest J considered an application concerning the production of documents in Family Court proceedings. The dispute involved the husband's mother, who was alleged to have failed to comply with subpoenas issued by the wife. The wife sought orders compelling the production of various documents held by several companies, including S Pty Ltd, H Investments Pty Ltd, E Trading Pty Ltd, E Industries Pty Ltd, and E Management Pty Ltd, which were apparently connected to the husband.

The central legal issue before the court was whether the husband's mother should be ordered to produce the specified documents, and what costs should be awarded in relation to the non-compliance with the subpoenas. The court was required to determine the extent of the mother's obligation to produce documents held by entities with which she was associated, and the consequences of any failure to do so.

Guest J ordered the husband's mother to produce a comprehensive list of documents within fourteen days, including trust deeds, unit holding registers, company constitutions, profit and loss accounts, balance sheets, income tax returns, and shareholder registers for the various companies. The court also ordered that the wife's costs associated with the non-compliance with the subpoenas be fixed at $2,200, with the ultimate responsibility for payment to be determined by the trial judge. The wife's solicitor was directed to personally serve a sealed copy of these orders on the husband's mother.