Stopford Malloy and Malloy
Case
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[2016] FamCA 289
•22 April 2016
Details
AGLC
Case
Decision Date
Stopford Malloy and Malloy [2016] FamCA 289
[2016] FamCA 289
22 April 2016
CaseChat Overview and Summary
In the matter of *Stopford Malloy and Malloy*, Dawe J considered an application concerning the release of documents pursuant to a subpoena and other related applications. The proceedings involved a dispute between a wife and a husband, with the wife having filed an application in a case on 21 March 2016, and the husband having filed a separate application on 18 March 2016.
The court was required to determine whether to grant leave for the release of documents obtained via subpoena, and if so, to what extent and to whom. Additionally, the court had to consider the wife's application filed on 21 March 2016 and the husband's application filed on 18 March 2016, and make appropriate orders regarding the ongoing financial arrangements between the parties.
Dawe J granted leave for the release of subpoenaed documents to Ms F, with copies to be provided by the wife's solicitors within two working days. However, this release was subject to an exception: confidential material was not to be released to either party or the family consultant at that stage. The court adjourned further consideration of the wife's application, directing that any affidavit material to be relied upon by either party be filed and served by 4.00 pm on 22 July 2016. The court also varied previous orders, stipulating a weekly payment of $650.00, commencing from 22 April 2016, to be paid to an account nominated by the wife's solicitors. The husband's application filed on 18 March 2016 was dismissed.
The court was required to determine whether to grant leave for the release of documents obtained via subpoena, and if so, to what extent and to whom. Additionally, the court had to consider the wife's application filed on 21 March 2016 and the husband's application filed on 18 March 2016, and make appropriate orders regarding the ongoing financial arrangements between the parties.
Dawe J granted leave for the release of subpoenaed documents to Ms F, with copies to be provided by the wife's solicitors within two working days. However, this release was subject to an exception: confidential material was not to be released to either party or the family consultant at that stage. The court adjourned further consideration of the wife's application, directing that any affidavit material to be relied upon by either party be filed and served by 4.00 pm on 22 July 2016. The court also varied previous orders, stipulating a weekly payment of $650.00, commencing from 22 April 2016, to be paid to an account nominated by the wife's solicitors. The husband's application filed on 18 March 2016 was dismissed.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Appeal
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Costs
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Discovery
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Injunction
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Remedies
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Stay of Proceedings
Actions
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Most Recent Citation
MALLOY & STOPFORD MALLOY [2020] FamCA 506
Cases Citing This Decision
2
STOPFORD MALLOY & MALLOY
[2021] FamCA 234
MALLOY & STOPFORD MALLOY
[2020] FamCA 506
Cases Cited
0
Statutory Material Cited
3