Birk & Farwell

In *Birk & Farwell*, heard before Judge O'Shannessy, the parties were engaged in interim proceedings concerning a property dispute within their family law matter. The central issue revolved around the admissibility and weight to be given to evidence derived from a hair follicle test, particularly in light of concerns regarding the welfare of the children and the integrity of the chain of custody for the samples.

The court was required to determine whether the hair follicle test results were admissible and, if so, what weight they should carry in the context of the interim property orders. This involved considering the reliability of the testing methodology and the procedures followed to ensure a secure chain of custody, as these factors were critical to assessing the probative value of the evidence in relation to the children's welfare.

Judge O'Shannessy reasoned that while characterisation of property is not mandatory at the interim stage, the court must still be satisfied that it has sufficient information to make appropriate orders. The judge found that the hair follicle test results, due to a compromised chain of custody, were not sufficiently reliable to be admitted into evidence. Consequently, the court declined to rely on this evidence when making its interim property orders, prioritising the need for reliable evidence in family law proceedings.