Roberts-Smith v Roberts [2022] FCA 18

FEDERAL COURT OF AUSTRALIA

Roberts-Smith v Roberts [2022] FCA 18 File number: NSD 511 of 2021

Judgment of: BROMWICH J

Date of judgment: 21 January 2022

Catchwords: PRACTICE AND PROCEDURE – ex parte interlocutory application as part of an originating application filed by applicant, seeking production of documents and affidavit from first respondent in relation to alleged misuse of confidential material from his email account – where documents were produced and an affidavit provided by first respondent in response to ex parte orders – second interlocutory application filed by applicant seeking examination of first respondent as to compliance with orders made as a result of the first interlocutory application – third interlocutory application filed by Mr Roberts-Smith seeking to join and grant injunctive relief against third and fourth proposed respondents – where further applications made on basis of applicant's dissatisfaction with responses by first respondent – where no sufficient evidence to support any inference that first respondent had not complied with the terms of ex parte orders and required examination – where no sufficient evidence to support joinder of proposed third and fourth respondents – second and third interlocutory applications dismissed with costs

Legislation: Family Law Act 1975 (Cth) Federal Court of Australia Act 1976 (Cth) Federal Court Rules 1979 (Cth)

Cases cited: Brisbane Slipways Operations Pty Ltd v Pantaloni [2010] FCA 654; 270 ALR 13 Comcare v John Holland Rail Pty Ltd [2009] FCA 660; 109 ALD 508 Griffiths v Ricketts (1849) 7 Hare 299; 68 ER 122 Mandhan v Toyota Finance Australia Ltd (No 2) [2020] FCA 3 Review Australia Pty Ltd v Redberry Enterprise Pty Ltd [2003] FCA 1009; 58 IPR 366 Roadshow Films Pty Ltd v iiNet Ltd [2012] HCA 16; 248 CLR 42 Trade Practices Commission v Arnotts Ltd (No 2) (1989) 21 FCR 306