Waverley and Peake

In the matter of *Waverley and Peake*, heard before Mushin J, the wife sought to set aside a subpoena issued by the husband to her solicitors. The husband had sought to subpoena documents from the wife's solicitors relating to communications between the wife and her solicitors concerning the matrimonial home. The wife argued that these communications were protected by legal professional privilege.

The central legal issue before the court was whether the subpoena, as issued, ought to be set aside on the grounds of legal professional privilege. Specifically, the court had to determine if the documents sought by the husband fell within the scope of privilege and, if so, whether there were any exceptions or justifications for their disclosure.

Mushin J dismissed the wife's application to set aside the subpoena. The court reasoned that while legal professional privilege generally protects communications between a client and their legal advisors, the subpoena was directed to the solicitors and sought documents relating to the matrimonial home, which was a central issue in the proceedings. The court granted the wife leave to file and serve a subpoena on the husband's solicitors in similar terms, indicating a balancing of disclosure obligations. The wife was ordered to pay the subpoenaed parties' costs and the husband's costs of the application.