Published 06 December 2016
Discovery — protest to jurisdiction — lawyer/client privilege — Property (Relationships) Act 1976, ss 44 and 44C — Family Proceedings Act 1980, s 182 — Family Courts Rules 2002, rr 43, 151 and 193 — Evidence Act 2006, s 54. Matters relating to the discovery of documents and a protest to jurisdiction were determined. Regarding discovery, it was appropriate for the respondent’s solicitor to view a confidential settlement agreement, but not the respondent herself. Further, regarding other documents for which privilege was claimed under s 54, it was appropriate for the Judge to inspect (r 151). After considering the threshold and purpose differences between protest to jurisdiction (r 43) and a strike out application (r 193), the appearance under protest to jurisdiction was set aside. Judgment Date: 24 June 2016. * * * Note: names have been changed to comply with legal requirements. * * *
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