Bloxham & Bloxham (No. 3)

In the matter of *Bloxham & Bloxham (No. 3)*, Foster J of the Federal Circuit and Family Court of Australia considered an application by the husband for leave to rely on the affidavit of an expert, Mr BH, at trial. The wife was the applicant and the husband was the respondent.

The central legal issue before the court was whether to grant the husband leave to adduce expert evidence via affidavit, where that expert had not been appointed as a single expert under the relevant rules, and no application had been made for such an appointment.

Foster J dismissed the husband's application. The court's reasoning, though not fully detailed in the provided text, indicates an application of principles governing the use of expert evidence in family law proceedings. The failure to follow the prescribed procedure for appointing a single expert, or to seek leave for an alternative arrangement, was likely determinative.

Consequently, the husband's application for leave to rely on the affidavit of Mr BH sworn on 6 October 2020 was dismissed.