Todd and Todd and Anor

In *Todd and Todd*, the husband sought to issue subpoenas to Victoria Police and Queensland Police for information concerning Mr Frost. Mr Frost objected to these subpoenas. The matter came before Cronin J in the Family Court of Australia.

The central legal issue before the Court was whether the subpoenas issued at the husband's request should be set aside, and whether Mr Frost's objections to their production should be upheld. This required the Court to consider the principles governing the issuance and setting aside of subpoenas, particularly in the context of family law proceedings and the potential for fishing expeditions or undue burden on third parties.

Cronin J upheld Mr Frost's objections and set aside both subpoenas. The Court applied the principles that subpoenas should not be used as a tool for a party to embark on a "fishing expedition" to search for evidence, nor should they impose an unreasonable burden on third parties. The Court found that the information sought was not sufficiently relevant or necessary for the proper conduct of the proceedings, and that the subpoenas were an improper use of the Court's process.

Consequently, the Court ordered that the subpoenas issued to Victoria Police and Queensland Police seeking information about Mr Frost be set aside, and that the objections of Mr Frost be upheld.