Somner and Somner

In the matter of *Somner and Somner*, Justice Cohen of the Family Court of Australia considered a dispute concerning subpoenas issued by the wife. The husband and the subjects of the subpoenas sought to challenge these documents.

The central legal issue before the court was whether the subpoenas issued by the wife were valid and should be upheld, or if they should be dismissed. The court was required to determine the appropriate course of action regarding the disputed subpoenas, particularly in light of potential alternative discovery processes.

Justice Cohen's reasoning, as reflected in the orders, indicates a procedural step rather than a final determination on the merits of the subpoena dispute. The court adjourned the matter to the docket judge for allocation, preserving the existing orders of the Registrar. Crucially, leave was granted to the husband and subpoenaed parties to relist the matter if the wife either withdrew the subpoenas or sought discovery in lieu. This provision allows for a further application to dismiss the subpoenas and seek costs if the wife does not withdraw them and proceeds with discovery instead. All costs were reserved.