Yazbeck v Clarence House Corporation Pty Ltd

[2023] FedCFamC2G 1232

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA

(DIVISION 2)

Yazbeck v Clarence House Corporation Pty Ltd [2023] FedCFamC2G 1232

File number(s):	SYG 495 of 2023
Judgment of:	JUDGE STREET
Date of judgment:	12 December 2023
Catchwords:	INDUSTRIAL LAW – subpoena – application to set aside – documents relevant – application dismissed
Division:	Division 2 General Federal Law
Number of paragraphs:	2
Date of hearing:	12 December 2023
Place:	Sydney
Counsel for the Applicant:	Mr I Latham
Solicitor for the Applicant:	Turner Freeman Lawyers
Counsel for the Respondent:	Ms R Gall
Solicitor for the Respondent:	Devine Law at Work

ORDERS

SYG 495 of 2023

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)

BETWEEN:

HIAM YAZBECK

Applicant

AND:

CLARENCE HOUSE CORPORATION PTY LTD

Respondent

ORDER MADE BY:	JUDGE STREET
DATE OF ORDER:	12 DECEMBER 2023

THE COURT ORDERS THAT:

1.The documents subject of the subpoena, dated 13 June 2023, in relation to the applicant, are to be produced by the respondent within 7 days, excluding documents that are subject of legal privilege.

2.The application in a proceeding, filed 23 June 2023, is dismissed.

3.The matter is fixed for a final hearing, excluding penalty if relevant, commencing at 10:00AM on 13, 14, 15 and 16 May 2024 via video and/or audio-link pursuant to Part 6 Division 6 of the Federal Circuit and Family Court of Australia Act 2021 (Cth).

4.The applicant file and serve a reply on or before 22 December 2023.

5.The applicant file and serve affidavit any evidence on or before 23 February 2024.

6.The respondent is directed to file and serve any affidavit evidence on or before 22 March 2024.

7.The applicant file and serve any affidavit evidence in reply on or before 5 April 2024.

8.The parties file and serve a statement of agreed facts and issues on or before 19 April 2024.

9.The applicant file and serve an outline of submissions, list of objections and chronology on or before 1 May 2024.

10.The respondent file and serve an outline of submissions, list of objections and chronology on or before 8 May 2024.

THE COURT NOTES THAT:

A.At the commencement of the hearing, the Court will hear Counsel in relation to imposing time limits on cross-examination and submissions and will fix a trial timetable if not otherwise agreed.

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

Note: The Court may vary or set aside a judgment or order to remedy minor typographical or grammatical errors (r 17.05(2)(g) Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 17.05 Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth).

REASONS FOR JUDGMENT

JUDGE STREET

1. These proceedings were commenced on 21 March 2023. A subpoena was issue on 13 June 2023. An application to set it aside was filed on 23 June 2023. The applications relating to procedural matters should be dealt with expeditiously. The subpoena clearly seeks documents that are relevant. The proposition that the subpoena was issued prematurely has no substance. The documents were asked to be produced in a further three weeks. Given that almost six months has taken place since the issuing of the subpoena, there is no substance in the request for further time.

2. It is for these reasons the Court made the orders dismissing the application in a proceeding, and accordingly, the Court makes the above orders. 

I certify that the preceding two (2) numbered paragraphs are a true copy of the Ex Tempore Reasons for Judgment of Judge Street.

Associate:

Dated:       20 February 2024