Walford and Walford
Case
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[2009] FamCA 671
•16 July 2009
Details
AGLC
Case
Decision Date
Walford and Walford [2009] FamCA 671
[2009] FamCA 671
16 July 2009
CaseChat Overview and Summary
The matter of *Walford and Walford* came before Cronin J concerning applications relating to child support and the wife's ability to reopen her case to call further evidence. The wife sought leave to issue various subpoenas for the production of documents and for witnesses to give evidence, including a subpoena directed to an individual in New Zealand. The wife also sought to inspect specific financial documents held by the husband.
The court was required to determine whether to grant the wife leave to issue subpoenas for the production of documents and for evidence from individuals both within and outside of Australia, including from New Zealand under the *Evidence and Procedure (New Zealand) Act 1994*. Additionally, the court needed to consider the wife's request for leave to inspect a range of financial records pertaining to the husband and associated companies and trusts. The court also had to address the scheduling of outstanding child support applications.
Cronin J granted the wife leave to issue subpoenas for the production of documents to several entities and individuals, including D Pty Ltd, Mr G, M Walford, V Pty Ltd, JP Pty Ltd, AP and Co, Mr VW, Deutsche Bank, and HSBC. Leave was also granted to issue a subpoena to Mr WY in New Zealand for the production of documents. The court further granted the wife leave to issue subpoenas for witnesses Ms Z and Mr RL to give evidence, without determining the issue of whether the wife could reopen her case. The court also ordered that the wife attend for the inspection of specified bank statements, BAS statements, and invoices. The child support applications were adjourned to commence as the fourth case in a list commencing on 6 August 2009, but not before 17 August 2009. The husband's costs of the day were fixed and reserved.
The court was required to determine whether to grant the wife leave to issue subpoenas for the production of documents and for evidence from individuals both within and outside of Australia, including from New Zealand under the *Evidence and Procedure (New Zealand) Act 1994*. Additionally, the court needed to consider the wife's request for leave to inspect a range of financial records pertaining to the husband and associated companies and trusts. The court also had to address the scheduling of outstanding child support applications.
Cronin J granted the wife leave to issue subpoenas for the production of documents to several entities and individuals, including D Pty Ltd, Mr G, M Walford, V Pty Ltd, JP Pty Ltd, AP and Co, Mr VW, Deutsche Bank, and HSBC. Leave was also granted to issue a subpoena to Mr WY in New Zealand for the production of documents. The court further granted the wife leave to issue subpoenas for witnesses Ms Z and Mr RL to give evidence, without determining the issue of whether the wife could reopen her case. The court also ordered that the wife attend for the inspection of specified bank statements, BAS statements, and invoices. The child support applications were adjourned to commence as the fourth case in a list commencing on 6 August 2009, but not before 17 August 2009. The husband's costs of the day were fixed and reserved.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Costs
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Discovery
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Procedural Fairness
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Appeal
Actions
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Citations
Walford and Walford [2009] FamCA 671
Cases Citing This Decision
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Cases Cited
0
Statutory Material Cited
2