Adams and Adams

Case

[2014] FamCA 223

12 February 2014


Details
AGLC Case Decision Date
Adams and Adams [2014] FamCA 223 [2014] FamCA 223 12 February 2014

CaseChat Overview and Summary

In *Adams and Adams*, heard before Berman J, the dispute concerned an application by the father for leave to adduce evidence from a witness, Ms W, regarding allegations of sexual assault made against him.

The primary legal issue before the court was whether to grant leave for Ms W to adduce evidence detailing the specific allegations of sexual assault against the father, and whether the provisions of the *Evidence Act 1995* (Cth) should apply to this evidence, including matters set out in her trial affidavit.

Berman J granted leave for Ms W to give evidence concerning the detail, particularity, and allegations of sexual assault against the father. The court further ordered that the *Evidence Act 1995* (Cth) would govern the admissibility of Ms W's evidence, both for her further examination-in-chief and in relation to the matters contained within her trial affidavit filed on 25 November 2013. Costs associated with the Independent Children’s Lawyer and the father were reserved.
Details

Areas of Law

  • Family Law

  • Evidence

  • Civil Procedure

Legal Concepts

  • Procedural Fairness

  • Costs

  • Appeal

Actions
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Cases Citing This Decision

1

Cases Cited

3

Statutory Material Cited

3

R v Lawrence [2001] QCA 441
R v Lawrence [2001] QCA 441