Brown and Murdoch

This matter came before the Family Court of Australia, presided over by Cronin J, concerning objections to evidence raised during the trial. The applicant was represented by Mr Savva and Mr Gould, as Executors of the Estate of the late Mr Brown, and the respondent was Ms Murdoch.

The court was required to determine the admissibility of various paragraphs of evidence, specifically addressing objections based on hearsay. The court also considered objections to statements made by an accountant and executor, and agreed to strike out certain paragraphs.

Cronin J ruled that paragraphs 13 and 46 were admissible, finding that they constituted evidence of statements made by the deceased prior to his death, and were not being relied upon for the truth of their contents but rather for the fact that they were made. The court noted that these statements could be tested in evidence and their weight argued, notwithstanding the absence of the deceased. Paragraphs 85, 86, 87, and 169, which were statements by an accountant and executor, were also deemed admissible as statements of fact capable of being tested in cross-examination. Paragraph 170 was also admitted. Paragraphs 84, 132, and 93 were either agreed to be struck out or were excluded by the court.