How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Leon Your Own Question
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 43969
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
12124641
Type Your Australia Law Question Here...
Leon is online now
A new question is answered every 9 seconds

My husband is filing a subpeona account that does not exist

Customer Question

Hi. my husband is filing a subpeona for N account that does not exist and all accounts from 2007 to 2014 for financial settlement. weve provided all requests they've made, his lawyer has stated we have not provided and they are putting a subpeona to nab for my accounts for that period, what is the limitation and can I object as my privacy is being invaded as he wants these documents to show people and that aside the very account he is asking for doesn't exist. I've disclosed and answered all his questions. he on the other hand has provided nothing that we've requested. where do I stand can the subpeona be objected and declined as it is irrelevant to financial settlement?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Morning

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

If the account does not exist then issuing a subpoena on the bank will also result in no documents being produced.

The Family Law Act requires full disclosure of all assets in the names of the parties. So if there is anything you are hiding then you have an issue, because even if you settle and have orders, if it is found out later the orders can be set aside.

They have a right to ask for everything that is in your name at the time of the application and in the past. The same applies to your ex husband. You can do the same to him.

You can oppose a subpoena on the basis that it is a fishing expedition.

Here is some information on setting it aside

http://www.claytonutz.com/publications/newsletters/information_law_insights/20080725/how_and_when_to_set_aside_subpoenas_and_object_to_inspection.page

I hope this makes sense and is of assistance. If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon