By Craig Nicol and Keleigh Robinson -
Key decisions
- Ancer [2024] FedCFamC1A 90
- Crow & Brissett [2024] FedCFamC1A 78
- Tandy & Padula [2024] FedCFamC2F 671
- Shams & Alkaios (No 2) [2024] FedCFamC2F 620
PROPERTY
Appeal – ‘entirely procedural’ order for wife and her advisers to complete cyber security questionnaire before receiving husband’s commercially sensitive disclosure documents was not a judgment capable of appeal
In Ancer [2024] FedCFamC1A 90 (29 May 2024) the Full Court (Austin, Sutherland & Schonell JJ) heard a wife’s application for leave to appeal from procedural orders made by a judge of the Family Court of Western Australia.
The husband and wife were involved in financial proceedings. An issue in dispute was the value of the husband’s interest in a commercial enterprise.
The single expert valuer was asked to sign a cyber security questionnaire (‘CSQ’) due to the husband’s assertions of commercial sensitivity and cyber security risks (at [4]). At first instance, the presiding judge ordered the provision of a CSQ (at [7]).
The wife appealed, her grounds covering error of law and inadequacy of reasons.
The Full Court said (from [20]):