Tregaskis and Tregaskis
Case
•
[2009] FamCA 1197
•17 August 2009
Details
AGLC
Case
Decision Date
Tregaskis and Tregaskis [2009] FamCA 1197
[2009] FamCA 1197
17 August 2009
CaseChat Overview and Summary
In the matter of *Tregaskis and Tregaskis*, Strickland J of the Supreme Court of South Australia made orders concerning disclosure and the conduct of proceedings. The dispute involved the applicant and the respondent, with the court addressing various procedural aspects to facilitate the progression of the case.
The court was required to determine several issues, including the extent of disclosure to be made by the applicant, the filing of an undertaking as to disclosure, the timing for the filing and service of evidence in chief for witnesses relevant to specific paragraphs of the respondent's further amended response, and whether to grant the respondent leave to issue subpoenas to various individuals and entities. Additionally, the court considered the adjournment of the hearing and the applicant's ability to attend remotely.
Strickland J ordered the applicant to disclose and produce all relevant documents to the respondent within 14 days and to file an undertaking as to disclosure within the same timeframe. Leave was granted to the respondent to issue subpoenas to Ms D, the Director of the Multicultural Advocacy and Liaison Service of South Australia, the Director of G Nursing Home, and Dr S, requiring the production of records and files pertaining to S Tregaskis. These subpoenas were to be returnable before a Registrar on 9 September 2009. The court also directed that affidavits of evidence in chief for all witnesses intended to be relied upon by either party, in relation to specified paragraphs of the respondent's further amended response, be filed and served by 4:00 pm on 15 September 2009. The case was adjourned part-heard to 10:00 am on 17 September 2009, with leave granted to the applicant to attend the adjourned hearing by telephone.
The court was required to determine several issues, including the extent of disclosure to be made by the applicant, the filing of an undertaking as to disclosure, the timing for the filing and service of evidence in chief for witnesses relevant to specific paragraphs of the respondent's further amended response, and whether to grant the respondent leave to issue subpoenas to various individuals and entities. Additionally, the court considered the adjournment of the hearing and the applicant's ability to attend remotely.
Strickland J ordered the applicant to disclose and produce all relevant documents to the respondent within 14 days and to file an undertaking as to disclosure within the same timeframe. Leave was granted to the respondent to issue subpoenas to Ms D, the Director of the Multicultural Advocacy and Liaison Service of South Australia, the Director of G Nursing Home, and Dr S, requiring the production of records and files pertaining to S Tregaskis. These subpoenas were to be returnable before a Registrar on 9 September 2009. The court also directed that affidavits of evidence in chief for all witnesses intended to be relied upon by either party, in relation to specified paragraphs of the respondent's further amended response, be filed and served by 4:00 pm on 15 September 2009. The case was adjourned part-heard to 10:00 am on 17 September 2009, with leave granted to the applicant to attend the adjourned hearing by telephone.
Details
Key Legal Topics
Areas of Law
-
Civil Procedure
Legal Concepts
-
Discovery
Actions
Download as PDF
Download as Word Document
Cases Citing This Decision
0
Cases Cited
0
Statutory Material Cited
0