HILLSTON v. BAR-MORDECAI [2002] NSWSC 973

New South Wales Supreme Court

CITATION : HILLSTON v. BAR-MORDECAI [2002] NSWSC 973 CURRENT JURISDICTION: EQUITY FILE NUMBER(S) : SC 3240/98; 1707/99; 3039/02 HEARING DATE(S) : 16/10/02 JUDGMENT DATE : 16 October 2002

PARTIES : Allan David James Hillston - Plaintiff Michael Jacob Bar-Mordecai - Defendant JUDGMENT OF : Bryson J at 1

COUNSEL : J. Whittle SC & B.J. Burke - Plaintiff M. Bar-Mordecai - Defendant in Person SOLICITORS : Shaw McDonald for plaintiff Defendant in Person CATCHWORDS : PRACTICE and PROCEDURE - SUBPOENA - Inspection of documents - legitimate forensic purpose - Family Court file was produced to the Court by Family Court Registrar in response to Letter of Request issued by Supreme Court Registrar on application of party - production was act of judicial comity as Family Court is not subject to Supreme Court's subpoena power - in deciding whether to grant leave to inspect the Court should observe the substance of SCR Pt.37 r.10 and Family Law Rules O.5 r.6 although they do not literally apply - high value placed on confidentiality - leave to inspect limited parts of file which contained information relevant to issues in Supreme Court. Family Law Act 1975 LEGISLATION CITED : Jurisdiction of Courts (Cross-vesting) Act 1987 (Cth) Supreme Court Rules Pt 37 rule 10 Family Law Rules Order 5 rule 6 CASES CITED : National Employees Mutual General Association v. Waind & Hill [1978] 1 NSWLR 372 Maronis Holdings Limited v. Nippon Credit Australia Limited [2000] NSWSC 138 DECISION : Restricted leave to inspect Family Court file granted on terms.