Third Party Subpoena of my new partner - fishing for info?

[AndyJ]

Hi All,

I am preparing for our conciliation conference shortly with my ex. She for some reason believes there are other assets that just do not exist. She has issued me a subpoena to produce all these documents that do not even exist. She has also subpoenaed my de facto partner for all her financial records etc even though we have both supplied sworn financial statements. I will provide what I have, however in regards to third parties, what is actually considered fishing. The list is a couple of pages long and includes requesting a copy of her previous relationship financial settlement, her birth certificate, her overseas Thai ID etc even though she is a dual citizen. Is it acceptable to ask for these things?

Thanks

 

[Rod]

You can fight the subpoena.

Ask your lawyer how.

 

[AndyJ]

I am self representing. Spent too much to date on this. $40K just to get to interim parenting orders.

 

[Rod]

Give us a call - see my details in the signature. We can provide advice on an as needs basis.

We can give advice and pointers as to how you object.

 

[Atticus]

She has issued me a subpoena to produce all these documents that do not even exist. She has also subpoenaed my de facto partner for all her financial records etc even though we have both supplied sworn financial statements............ Is it acceptable to ask for these things? .

General rule is that a subpoena to produce must be specific, ie, it must refer to a document that exists... If the assets & or related documents don't exist, you have a right of objection (form to object should be at foot of subpoena) .... Also if your de facto is not actually a party to proceedings, there may be further cause to object (if applicable rules relating to the subpoena of a third party were not adhered to for example).

I believe there are time limits to object, usually must be done before date for production