WARNE & RANSLEY

[2020] FamCA 430

FAMILY COURT OF AUSTRALIA

WARNE & RANSLEY [2020] FamCA 430

FAMILY LAW – PRACTICE AND PROCEDURE – Discovery – Where the applicant seeks the production of the respondent’s will and associated solicitor file – Where the respondent claims the documents sought are irrelevant and subject to a claim of legal professional privilege – Where the parties were in a de facto relationship – Where the date of separation is disputed – Where the final hearing with respect to property settlement is imminent – Where the applicant bears the onus to establish the relevance of the documents to the main issues in the proceedings – Consideration of the test of relevance – Application dismissed. 

Evidence Act 1995 (Cth) s 55(1)
Family Law Rules 2004 (Cth) rr 13.01, 13.07, 13.22

Explanatory Statement to the Family Law Rules 2004 (Cth)

Anderson & Anderson and Ors [2014] FamCA 491
K & K [2008] FamCA 957

Papadopoulos & Papadopoulos (No 2) [2007] FamCA 1683
Portal Software International Pty Ltd v Bodsworth [2005] NSWSC 1115
White & Tulloch (1995) FLC 92-640

APPLICANT: Mr Warne

RESPONDENT: Ms Ransley

FILE NUMBER: ADC 3782 of 2017

DATE DELIVERED: 29 May 2020

PLACE DELIVERED: Adelaide

PLACE HEARD: Adelaide

JUDGMENT OF: Berman J

HEARING DATE: 15 May 2020

REPRESENTATION

COUNSEL FOR THE APPLICANT: Mr Richards

SOLICITOR FOR THE APPLICANT: Barnes Brinsley Shaw Lawyers

COUNSEL FOR THE RESPONDENT: Ms Pyke QC

SOLICITOR FOR THE RESPONDENT: Rosey Batt & Associates

UPON NOTING the orders made 15 May 2020 and the reasons delivered in respect of those orders

THE COURT ORDERS THAT:

1. The Application in a Case filed 7 May 2020 is dismissed.

Note: The form of the order is subject to the entry of the order in the Court’s records.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Warne & Ransley has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT ADELAIDE

FILE NUMBER: ADC 3782 of 2017

Mr Warne

Applicant

And

Ms Ransley

Respondent

REASONS FOR JUDGMENT

INTRODUCTION  

1. Mr Warne is the applicant in the proceedings and Ms Ransley is the respondent.  The parties are engaged in complex litigation involving property settlement and parenting issues arising out of their relationship which commenced in or about 1992/1993 and came to an end on the applicant’s case in January 2016 and on the respondent’s case in 2007.

2. There are two children of the relationship X and Y both born on … 2007.

3. The proceedings are listed for final hearing commencing 1 June 2020.

4. Orders made on 28 February 2020 noted the following:-

   A.The date of separation will require a judicial determination.

   B.The applicant asserts that the date…