Published 19 May 2021
Discovery application — welfare guardian — property manager — financial documents — Protection of Personal and Property Rights Act 1988, ss 18(5) & 36 — Family Court Rules 2002, r 141. This hearing was to determine the application for discovery pursuant to r 141 of the Family Court Rules in relation to the substantive proceedings for welfare guardian and property manager appointments. There were cross-applications for appointments between the subject person's five children. The documents sought related to the renovations carried out on the subject person's property, sale of fruit from the property, sale of equipment owned by her former partner, transfers of money from the subject person to her children, and payments made to a finance company. One of the children objected to the aspect of the discovery application relating to his bank statements as he did not wish for unredacted copies to be distributed to the parties – he submitted he could provide copies with any of his personal transactions redacted, and only the transactions as they related to the subject person left in. Lawyer for the subject person submitted she had received credit card and bank statements of the subject person and there were some anomalies which would have to be addressed by the appointed property manager. The Judge considered it appropriate to make orders for discovery as sought, and allowed redacted bank statements to be provided given the animosity between the parties. Judgment Date: 25 August 2020. * * * Note: names have been changed to comply with legal requirements. * * *
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