Telfer & Telfer

In the matter of BRC 5098 of 2020, Ms Telfer (the applicant) and Mr Telfer (the respondent) brought their dispute before Hogan J of the Family Court of Australia. The proceedings concerned objections raised in relation to subpoenas issued to third parties.

The primary legal issues before the court were whether to uphold or dismiss notices of objection filed in response to subpoenas. Specifically, the court was required to determine the validity of an objection directed to the Proper Officer of B Psychology, and an objection concerning the production of documents by Ms D, a third party.

Hogan J dismissed the notice of objection directed to the Proper Officer of B Psychology. The court also dismissed an objection to the production of documents particularised at Item 2(i) of the subpoena to Ms D, which related to accounts rendered for services provided to either or both parties. However, the objection to the production of documents listed at items 2(a) to (h) of the subpoena to Ms D was adjourned to the trial commencing on 10 May 2021. The court noted that the dismissal of the objection to Item 2(i) meant Ms D was required to produce copies of accounts rendered for her services to either party.