Bloxham & Bloxham (No. 3)

[2021] FamCA 70

FAMILY COURT OF AUSTRALIA

Bloxham & Bloxham (No. 3) [2021] FamCA 70

File number(s):	PAC 2582 of 2017
Judgment of:	FOSTER J
Date of judgment:	19 February 2021
Catchwords:	FAMILY LAW – PRACTICE & PROCEDURE – EXPERT EVIDENCE – Where application for leave to rely on affidavit of expert at trial – Where affidavit not by appointed Single Expert – Where no application for appointment of Single Expert – Where discussion of applicable principles – Where application dismissed.
Legislation:	Family Law Rules 2004 (Cth) r 15.42
Cases cited:	Salmon and Ors & Salmon [2020] FamCAFC 134
Number of paragraphs:	23
Date of hearing:	10 December 2020
Place:	Parramatta
Counsel for the Applicant:	Mr Richardson SC
Solicitor for the Applicant:	Dorter Family Lawyers And Mediators
Counsel for the Respondent:	Mr Campton SC
Solicitor for the Respondent:	Watts McCray

ORDERS

PAC 2582 of 2017

BETWEEN:

MS BLOXHAM

Applicant

AND:

MR BLOXHAM

Respondent

ORDER MADE BY:	FOSTER J
DATE OF ORDER:	19 FEBRUARY 2021

THE COURT ORDERS THAT:

1.That the husband’s application for leave to rely at trial on the affidavit of Mr BH sworn 6 October 2020 is dismissed.

Note:   The form of the order is subject to the entry in the Court’s records.

Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to 17.02 Family Law Rules 2004 (Cth).

IT IS NOTED that publication of this judgment by this Court under the pseudonym Bloxham & Bloxham has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

REASONS FOR JUDGMENT

FOSTER J

1. In ongoing property proceedings between the applicant wife and respondent husband, trial directions to facilitate the matter proceeding to a final hearing were made by the Court on 15 June 2020.

2. Subsequently, various interlocutory applications have been filed and were before the Court.

3. On 10 December 2020 proceedings were again before the Court in relation to a discrete issue as to a subpoena for production of documents and inspection of documents.  That issue was resolved by the parties and consent orders were made.

4. On 10 December 2020 the Court facilitated the allocation of trial dates, being eight days for trial commencing in April 2021.

5. The present application concerns the respondent husband’s application to be granted leave to rely on an affidavit by Mr BH, chartered accountant, sworn 6 October 2020, at final hearing.  The affidavit of Mr BH was filed on 16 October 2020.

6. The applicant wife objects to the affidavit of Mr BH being relied upon at final hearing.

7. It is of some utility to consider a brief background of this matter. In reasons for judgment delivered 13 December 2018 is the following short history:

   29.The parties commenced cohabitation in 2000, living in New Zealand.  The parties married in 2007 in Australia and separated in July 2016.

   30.      There are three…