In the recent family law property settlement case of Anison [1] (not the couple’s real name) Justice Hogan in the Family Court made a costs order in favour of the Wife for a lengthy period of the proceedings. Whilst neither party had in fact “won” the case...
Further to Part 1 of this article, the second example of a Subpoena gone wrong was where one had been served on the Wife’s lawyers. The Subpoena sought all correspondence and documents relating to communications occurring between the Wife’s lawyers and the conveyancing Solicitors the...
The recent High Court decision in Commissioner of Taxation v Tomaras [2018] HCA 62 determined the Family Court has the power to reallocate debt between parties to a marriage that has broken down. In that case, the Commissioner on behalf of the Australian Taxation Office (ATO) sought...
Sometimes, family lawyers can become a little Subpoena slap-happy, filing a raft of Subpoena when alternate options are available. Subpoena serve their purpose, but usually only after either a request for the provision of documents has been made of the other party and that request unanswered and/or a...
