SELLICK & SHIELDS

In the matter of *Sellick & Shields*, Berman J of the Federal Court of Australia considered applications concerning the production of financial documents and discovery of a settlement agreement. The wife sought the production of financial documents relating to companies in which the husband held interests, which had not been produced despite prior orders. The husband had also initiated proceedings in the Federal Court to obtain these documents, and had since been reappointed as a director of the companies. Additionally, the wife sought discovery of a settlement agreement from Federal Court proceedings involving the husband and other parties, to which the husband objected on grounds of confidentiality and relevance.

The primary legal issues before the Court were whether the husband should be compelled to produce the outstanding financial documents of the companies, and whether he should be required to provide discovery of the terms of the settlement agreement from the Federal Court proceedings. The Court had to determine if these documents were relevant and within the husband's control, and if any claims of confidentiality or lack of relevance were sufficient to resist production and discovery.

Berman J reasoned that the financial documents were relevant and within the husband's control, particularly given his reappointment as a director of the companies. The Court found no impediment to ordering their production. Regarding the settlement agreement, the Court ordered its discovery, implicitly finding it to be relevant and not protected by confidentiality to the extent that it could resist disclosure in these proceedings.

Consequently, the Court ordered that within twenty-eight days, the husband must cause the production of the financial documents sought in his email dated 21 October 2019. The husband was also ordered to provide discovery of the terms of settlement of the Federal Court of Australia proceedings.