Strahan and Strahan (Various Interim Orders) (No 2)

Case

[2010] FamCA 939

11 October 2010


Details
AGLC Case Decision Date
Strahan and Strahan (Various Interim Orders) (No 2) [2010] FamCA 939 [2010] FamCA 939 11 October 2010

CaseChat Overview and Summary

In the matter of *Strahan and Strahan (Various Interim Orders) (No 2)*, Dawe J of the Family Court of Australia considered applications by the husband and wife concerning the disclosure and use of certain documents and information. The dispute centred on the husband's provision of an authority to access information, the wife's use of information obtained, and issues of legal professional privilege relating to a list of documents.

The court was required to determine the terms upon which the husband would provide an authority to his solicitors, specifically regarding the deletion of certain lines pertaining to a Freedom of Information request. Furthermore, the court needed to address the wife's proposed use of information obtained and to establish a process for resolving claims of legal professional privilege over documents.

Dawe J ordered that the husband provide an authority to his solicitors within seven days, with specific deletions relating to a Freedom of Information request. The wife was restrained from using any information obtained for purposes other than the Family Court proceedings. The costs associated with the "Austrac authority" issue were reserved. The wife was also directed to file and serve a list of documents to which she objected, along with any supporting affidavit concerning privilege, by 4.00 pm on 12 November 2010. The matter was adjourned to 3 December 2010 for further consideration of the privilege issue.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Privilege

  • Injunction

  • Costs

  • Discovery

  • Procedural Fairness

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