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NSW Should I Subpoena Documents for Property Settlement?

Discussion in 'Family Law Forum' started by kleinzeit, 1 June 2016.

  1. kleinzeit

    kleinzeit Active Member

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    I have requested copies of payslips and bank statements from the other party but their lawyer is not complying. He states that they are not relevant to our property settlement.

    I have proven (well, to my satisfaction anyway :)) that the other party has made less than a full and frank disclosure of income on their Financial Statement and want to see these documents to ensure there are no other anomalies.

    Should I serve a Notice to Produce for things like this or should I subpoena the documents?

    In the Federal Circuit Court, am I able to request a subpoena to produce documents and serve it on another party to the case? Or do I have to serve it on the bank for banks statements? As a self-representing litigant, I understand I have to need the family court's approval before I can request a subpoena to produce documents.

    Cheers.
     
  2. euro666

    euro666 Active Member

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    Yes, you can request from the court the subpoenas. You have to serve this to the bank, however I wonder if this is worth it, as it will cost you money, and these subpoenas need to be done properly by an experienced solicitor. In the end, it might show ( small) discrepancies in the income and would not have relevance in the end.
     
  3. kleinzeit

    kleinzeit Active Member

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    Hi,

    I took my completed subpoena to the court registry. Registry staff had a quick look and said it was ok, but they had to get it signed off by the registrar, who was busy in a conference. They said they would call me when it was signed.

    Two days (!) later the Registrar called me to say that they don't usually allow SRL's to request subpoenas be issued. She suggested I ask the applicants lawyer for the documents. I then explained the multiple requests I had made for the documents and why I wanted them.

    She asked me to bring along any supporting documentation for the subpoena to the conciliation conference which we had yesterday. There, she suggested to me that the best way forward would be to make an Application in a Case and have the Judge order the production of the documents.

    Anyway, this is all moot for me because we arrived at a settlement in the Conciliation Conference and I got very close to what I wanted and over double what the applicant wanted me to have. I feel that this was in part due to the applicant not wanting to produce documents which would prejudice her case in the future.

    I have a question about costs but I will open a new post about that.

    Cheers and thanks to everyone for their help.
     

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