Application for discovery of documents — preliminary discovery — Family Court Rules 2002, r 140. An application for discovery prior to the commencement of substantive proceedings was granted under r 140 of the FCR. The three conditions that have to exist before the Family Court can exercise discretion to grant discovery are: (a) That the intending applicant “is or may be entitled to claim….relief against… the intended respondent”. (b) That it is impossible or impracticable for the intending applicant to formulate their application without reference to the document of class of documents for which discovery is sought. (c) There are grounds for believing that the documents may be or may have been in the possession, custody or power of a person (whether the intended respondent or not). The Judge determined that pre-commencement discovery would enable the applicant to decide whether or not she has a claim at all and whether it was worth pursuing litigation. It was unarguable that she may have a claim under either the Property (Relationships) Act 1976 or the Family Proceedings Act 1955 to assets owned by the respondents’ trust. Judgment Date: 19 May 2016. * * * Note: names have been changed to comply with legal requirements.* * *