TODD & TODD AND ORS

In the matter of TODD & TODD AND ORS, Bennett J of the Federal Circuit Court of Australia considered an application by the second to sixth respondents for summary dismissal of proceedings. The applicant wife sought various orders, and the respondents sought to have these dismissed summarily.

The court was required to determine the appropriate procedural steps to be taken in light of the application for summary dismissal and the ongoing disclosure obligations between the parties. Specifically, the court needed to decide how to manage the disclosure process and the timing for the applicant to articulate her contentions of fact and law.

Bennett J adjourned the application for summary dismissal, ordering the wife to specify the documents she sought from the second to sixth respondents within two weeks. These documents, if not subject to objection, were to be provided by 20 June 2018. Following this, the wife was to file and serve her contentions of fact and law within four weeks. The court also granted liberty to seek consent adjournments and allowed for the unlimited issuance of subpoenas within Australia, while relieving parties from certain Family Law Rules regarding specific questions. The costs of the day were reserved.