Tailored Discovery in the Family Court?

The IT Countrey Justice

The case of Fisher v Fisher [2015] NZHC 2693 was a case which came to the High Court on appeal from the Family Court. One of the applications associated with the appeal was for a stay of execution of orders for discovery.

The Judge, Nation J, pointed out that pursuant to the Family Court Rules, the Judge has a discretion as to whether to make discovery orders.

Although the rules require an order for discovery to be in a certain form, a Family Court Judge could, in his or her discretion, give directions as to the particular discovery required to enable the Court and the parties to more speedily and economically resolve the actual issues which are before the Court. (See Rules 141(3) and 16. Dixon v Kingsley [2015] NZHC 2044.)

The Judge observed that a good deal of discovery had been made both formally and informally by the parties…

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