NSW Allowed to Subpoena Information on Third Parties?

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MummyOf2

Well-Known Member
18 September 2015
28
0
121
Are parties to a case and their lawyer allowed to subpoena information regarding third parties that are not an applicant or respondent to a court case?

My lawyer called me today because me ex's lawyer wants information regarding my husband. My husband is not a co-applicant in my court case.

My lawyer mentioned that it would be pointless to subpoena information against my ex's wife when originally I asked about it myself a couple of months ago because I didn't list her as a respondent when I filed for court, so I don't see why they would be doing it themselves.

I'm confused. Are they allowed to do that to someone not a part of the court case? Even if they are trying to accuse my husband of something he didn't do to get to me?
 

MummyOf2

Well-Known Member
18 September 2015
28
0
121
I am also thinking about asking to settle the case during the Child Inclusive Conference this month, simply because my stress levels have been stretched beyond measure. What is the likelihood that the psychologist/social worker can mediate an agreement between my ex and I? Will my ex and I be interviewed together at any point during the conference or will all interviews be separate?

I would also like to know what courses are available to me that I can attend with my ex to help us co-parent peacefully? Am I allowed to ask for courses at the directions hearing if we do end up in court after the CIC?
 

Hoang Trang

Well-Known Member
22 July 2016
151
14
414
Mums and Dads Forever is what I enroled into and currently on the waiting list to start. Although I don't think both parents attend together? I have suggested both myself and my ex to attend some type of counselling in order to help resolve the bitterness between us. It's exactly just that, crap petty stuff and nothing that concerns our kids best interest but thus far she is not willing.

Also my lawyer suggested some online course as well which I will look into.

We also subpoenaed my children's daycare as well if that sheds any light?

Our views are so polarised that any form of negation/settlement is just not going to happen. I am waiting on the expert witness to finish his report and think the change in tide will happen then
 

MummyOf2

Well-Known Member
18 September 2015
28
0
121
Thank you for the info. I think I will also request counselling for myself and my ex.

I am in the same boat, the other party is being petty and is full of c@#p. It's only bad for my son's metal welfare in the long run.

It turns out they only wanted my husbands detail's to issue an application for an apprehended domestic violence order for things they actually did to us... Petty petty people!

I am hoping the CIC psychologist sees the toxicity of their actions.