Bonner and Ruskin

In the Family Court of Australia, Cleary J considered an application by Ms Bonner (the mother) concerning the reliance on expert evidence in proceedings against Mr Ruskin (the father). The dispute involved the admissibility and use of various affidavits from medical professionals.

The court was required to determine whether to grant the mother leave to rely on specific affidavits from a psychiatrist, Dr J, and to characterise Dr J as an additional expert witness. Further issues included the mother's sole responsibility for Dr J's attendance costs for cross-examination, and whether to permit reliance on an affidavit from Dr B, or to allow the filing of affidavits from Professor C and Dr D.

Cleary J granted leave for the mother to rely on three affidavits sworn by Dr J, and characterised Dr J as an expert witness under rule 15.49 of the Family Law Rules 2004. The mother was ordered to bear the costs of Dr J's attendance for cross-examination if required by the father or the Independent Children’s Lawyer. Leave was refused for the affidavit of Dr B and for the filing of affidavits by Professor C and Dr D. The mother's Application in a Case and the father's Response were otherwise dismissed. The court also directed that Dr J's affidavits be provided to the Family Consultant and Dr T, and that the expert witnesses comply with rule 15.69(3) by preparing and filing a joint statement of agreed and disagreed issues by 29 November 2017.