BEHN & ZIOMEK

In the matter of BEHN & ZIOMEK, McClelland J of the court considered an application by the mother to reopen evidence in family law proceedings. The dispute concerned the admission of a record of proceedings and/or judgment from the Local Court of New South Wales at Parramatta, dated 23 July 2018.

The primary legal issue before the court was whether the mother should be granted leave to reopen her case to include this additional material. This involved considering the principles governing the admission of fresh evidence after a party has closed their case, particularly in family law proceedings where the welfare of children is paramount.

McClelland J adjourned the matter to allow for the consideration of the mother's application. The court ordered that the mother serve the additional material within seven business days of receipt. Further, it stipulated that if the father or the Independent Children’s Lawyer required any person to attend to give evidence regarding this material, notice must be provided by a specified date. The court also noted that the Independent Children’s Lawyer would issue a subpoena at the father's request concerning material he might rely on if the mother's application to reopen her case was successful.