Woon and Xie

In the matter of *Woon and Xie*, Justice Macmillan of the Family Court of Australia considered an application by the wife to set aside a Binding Financial Agreement dated 3 August 2016. The proceedings also involved the release of documents produced by TJ lawyers pursuant to a subpoena issued on 9 July 2019.

The court was required to determine the wife's application to set aside the Binding Financial Agreement and to make orders regarding the production and inspection of documents. Additionally, the court needed to establish a timetable for the filing and service of evidence and other materials in preparation for the hearing of the wife's application.

Justice Macmillan ordered that documents produced by TJ lawyers be released for inspection and photocopying. The wife's application to set aside the Binding Financial Agreement was listed for hearing before Justice Macmillan on 14 October 2019. The court also issued detailed directions regarding the filing and service of affidavits of evidence in chief, statements of particulars, financial statements, and any affidavits in reply, with specific deadlines set for each party. Further orders addressed objections to evidence, the issuance of subpoenas, the variation of obligations, and the consequences of non-compliance, including the possibility of proceeding on an undefended basis. The applicant was ordered to pay setting down and trial fees, and all parties were directed to file specific documents, including a concise set of orders sought, a list of objections to evidence, and a summary of argument, by 10 October 2019. Finally, each party was required to provide a statement of costs incurred and expected at the commencement of the hearing.