West and Hopper

Case

[2009] FamCA 373

5 May 2009


Details
AGLC Case Decision Date
West and Hopper [2009] FamCA 373 [2009] FamCA 373 5 May 2009

CaseChat Overview and Summary

In the matter of *West and Hopper*, heard before Cronin J, the dispute concerned property settlement proceedings between a husband and wife. The wife sought leave to issue subpoenas to several financial institutions and companies, including the Commonwealth Bank of Australia, Westpac Banking Corporation, John Deere Credit, and Y Irrigation Company.

The primary legal issue before the court was whether the wife should be granted leave to issue these subpoenas. This involved considering the relevance and necessity of the documents sought by the wife from these third parties in the context of the property settlement.

Cronin J granted the wife leave to issue the subpoenas, specifying that they were to be issued no later than 14 May 2009 and made returnable on 28 May 2009. The court also ordered that the wife pay the husband's costs thrown away for the day, fixed at $2000, with payment stayed until the final determination of the property issues. The matter was subsequently adjourned for mention by telephone on 23 July 2009.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Discovery

  • Stay of Proceedings

  • Appeal

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