Stavri and Stavri & Ors

Case [2020] FamCA 559


FAMILY COURT OF AUSTRALIA

STAVRI & STAVRI AND ORS [2020] FamCA 559
FAMILY LAW – PRACTICE AND PROCEUDRE – Subpoenas – Where orders were previously made for the second to fifth respondents to produce documents – Where some documents have been produced with some documents redacted – Where a subpoena was then issued to the accountants of the second respondent for the production of documents – Where the accountants and second to fifth respondents object to the subpoena – Whether the documents are relevant to the issues in the proceedings – Whether the subpoena is oppressive or too wide – Whether the subpoena is an abuse of process – Whether the documents could be sought by way of an order for discovery – Subpoena set aside. 
Family Law Rules 2004 (Cth) ch 13, r 15.26
Andrew Garrett Wine Resorts & Anor v National Australia Bank Limited (No. 6) (2005) 92 SASR 419
Dupont & Chief Commissioner of Police and Anor (2015) FLC 93-648
Egglishaw v Australian Crime Commission (No. 2) [2009] FCA 12
GE Capital Corporate Finance Group Ltd v Bankers Trust Co & Ors [1995] 1 WLR 172
Gray v Associated Book Publishers (Aust) Pty Ltd [2002] FCA 1045
Hatton v Attorney-General of the Commonwealth of Australia & Ors (2000) FLC 93-038
Hennessy v Wright (No.2 ) 1980 24 QBD 225
Lucas Industries Ltd v Hewitt and Ors (1978) 18 ALR 555
Macks v Tucker & Ors & QBE Insurance (Australia) Ltd (No. 4) [2007] SASC 255
Martin & Martin and Anor (No.2) [2014] FamCA 232
National Employers’ Mutual General Association v Waind and Hill [1978] 1 NSWLR 372
Papadopoulos & Papadopoulos (No 2) [2007] FamCA 1683
Re McGorm; Ex parte: the Co-Operative Building Society of South Australia (1989) 20 FCR 387
Ryder & Lee [2009] FamCA 531
Telstra Corporation v Australis Media Holdings (unreported, Supreme Court of New South Wales, McLelland CJ, 10 February 1997)
Unitingcare – Unifam Counselling & Mediation & Harkiss and Anor (2011) FLC 93-476
Woley & Humboldt (No.4) [2009] FamCA 546
X Pty Ltd and Ors & Merhi [2015] FamCA 622
APPLICANT: Ms Stavri
1st RESPONDENT: Mr Stavri
2nd RESPONDENT: B Pty Ltd
3rd RESPONDENT: Ms C Stavri
4th RESPONDENT: Mr D Stavri
5th RESPONDENT: Legal Personal Representative for the Estate of Mr E Stavri
FILE NUMBER: ADC 1721 of 2018
DATE DELIVERED: 13 July 2020
PLACE DELIVERED: Adelaide
PLACE HEARD: Adelaide
JUDGMENT OF: Berman J
HEARING DATE: 18 June 2020

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Scragg
SOLICITOR FOR THE APPLICANT: Peter Scragg & Associates
COUNSEL FOR THE 1st RESPONDENT: Litigant in Person
SOLICITOR FOR THE 1st RESPONDENT:
COUNSEL FOR 2nd TO 5th RESPONDENTS : Mr Edmonds-Wilson QC
SOLICITOR FOR 2nd TO 5th RESPONDENTS: WBH Legal

Orders

  1. That the subpoena directed to the Proper Officer, L Firm filed 12 May 2020 be set aside.

Note: The form of the order is subject to the entry of the order in the Court’s records.

IT IS NOTED that publication of this judgment by this…

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Stavri and Stavri & Ors [2020] FamCA 559
Case
[2020] FamCA 559
Decision Date

CaseChat Overview and Summary

In *Stavri and Stavri & Ors*, Berman J of the Supreme Court of Victoria considered an application to set aside a subpoena. The applicant sought to have the subpoena, which was directed to the Proper Officer of L Firm and filed on 12 May 2020, quashed.

The central legal issue before the Court was whether the subpoena should be set aside. This required the Court to consider the grounds upon which a subpoena may be invalidated or discharged.

Berman J determined that the subpoena should be set aside. While the specific reasons for this decision are not detailed in the provided text, the outcome indicates that the Court found sufficient grounds to invalidate the subpoena as issued. The Court ordered that the subpoena directed to the Proper Officer, L Firm filed 12 May 2020 be set aside.

Orders

Orders of the court

1.

That the subpoena directed to the Proper Officer, L Firm filed 12 May 2020 be set aside.

Note: The form of the order is subject to the entry of the order in the Court’s records.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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