Biondi & Koen (No. 2)

In the matter of *Biondi & Koen (No. 2)*, the applicant, Mr Koen, and the respondent, Ms Biondi, sought leave to re-open their cases before Bennett J in proceedings where judgment had been reserved. The dispute concerned family law matters, and the application for leave to re-open was made to adduce specific evidence.

The primary legal issue before the court was the principles to be applied in granting leave to re-open a party's case after judgment has been reserved. The court was required to determine whether the proposed evidence was of such a nature that it ought to be admitted, despite the stage of the proceedings.

Bennett J granted the parties leave to re-open their respective cases, applying the principles that such leave may be granted where the evidence is significant and could not have been obtained with reasonable diligence prior to the reservation of judgment. The court specifically confined the evidence to be adduced to the health risks to the child X and the mother of returning to Brazil, and the ease of exercising international access across international borders during pandemic conditions in Brazil. The court also requested the independent children's lawyer ascertain the availability of an epidemiologist or other qualified person to act as a single expert witness. The father's application filed on 9 March 2021 was otherwise dismissed.