R v Warwick (No.86) [2020] NSWSC 31

Supreme Court New South Wales

Medium Neutral Citation: R v Warwick (No.86) [2020] NSWSC 31 Hearing dates: 23 January 2020 Date of orders: 23 January 2020 Decision date: 23 January 2020 Jurisdiction: Common Law - Criminal Before: Garling J Decision: Application for the orders requiring the attendance of the Principal Registrar of the Family Court of Australia for cross-examination upon his affidavit affirmed 22 January 2020 is refused. Catchwords: CRIMINAL PROCEDURE – subpoenas – no documents to produce in answer to subpoenas – whether reasonable enquiries and searches were undertaken - application to cross-examine on searches undertaken as set out in affidavit – application refused Legislation Cited: Not Applicable Cases Cited: Not Applicable Texts Cited: Not Applicable Category: Procedural and other rulings Parties: The Crown Leonard John Warwick (Accused) Representation: Counsel: K McKay / G Christofi (Crown) A R Conolly / I Benson (Accused) A Mitchelmore SC (Respondent)

Solicitors: Director of Public Prosecutions (Crown) A R Conolly & Co (Accused) Australian Government Solicitor (Respondent) File Number(s): 2015/222068 Publication restriction: Suppression order in relation to the names of the Accused's wife and daughter: see R v Warwick (No.7) [2018] NSWSC 236. Suppression orders in relation to identification of particular witnesses.

EX TEMPORE Judgment (T.8942)

Two Subpoenas are Issued and Answered 1. On 16 December 2019, a subpoena was issued by the Court, at the request of the Accused, addressed to the Chief Justice of the Family Court of Australia, requiring him to produce copies of: 1. the report prepared by Justice Marshall in or about 1984 following his review of files of the Family Court of Australia; and 2. the letter of retainer by the Attorney-General and/or the Principal Registrar of the Family Court of Australia, Brian Knox, with Justice Marshall in relation to, and preparatory to, Justice Marshall preparing his report. 1. A subpoena in identical terms was also issued addressed to the Principal Registrar of the Family Court of Australia. 2. The subpoenas were served by facsimile and required the production of the documents to this Court on 19 December 2019. 3. On that day, at the request of the recipients of the subpoena through their legal representative, the subpoenas were stood over to 20 January 2020 to allow the recipients sufficient time to search for and produce any documents, which may exist in answer to the subpoenas. 4. On 20 January 2020, Ms Ramesh, from the Australian Government Solicitor, appeared and informed the Court that there were no documents to produce in answer to the subpoena.