SIGLEY & DE SANTIS AND ORS

Case

[2020] FamCA 780

17 September 2020


Details
AGLC Case Decision Date
SIGLEY & DE SANTIS AND ORS [2020] FamCA 780 [2020] FamCA 780 17 September 2020

CaseChat Overview and Summary

In the matter of *Sigley & De Santis and Ors*, heard before Wilson J, the dispute concerned the ability of the respondent's legal representatives to access their files in preparation for an electronic trial scheduled for 16 October 2020. The solicitors for the respondent were working from home due to COVID-19 restrictions and claimed they were unable to retrieve their files to advance trial preparation.

The central legal issue before the court was whether directions could be given to compel the solicitors to retrieve their files and to report on the success of such retrieval. This involved considering the court's power to manage its proceedings and ensure adequate preparation for trial, particularly in the context of the prevailing public health measures.

Wilson J directed the legal representatives for the respondents to immediately apply for permits to enter their workplaces to retrieve their files. The court further ordered that they must retrieve their files forthwith. The proceeding was then listed for mention on 22 September 2020, at which time the solicitors were to report on the success or otherwise of their file retrieval efforts.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Procedural Fairness

  • Discovery

  • Remedies

  • Jurisdiction

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