Charles and Hughes

Case

[2013] FamCA 867

1 November 2013


Details
AGLC Case Decision Date
Charles and Hughes [2013] FamCA 867 [2013] FamCA 867 1 November 2013

CaseChat Overview and Summary

In the matter of *Charles and Hughes*, heard before Watts J, the dispute concerned parenting arrangements for the children. The applicant father sought to adduce further expert evidence and proposed a revised timetable for the final hearing.

The court was required to determine whether to permit the father to adduce evidence from a new expert, Mr P, and to consider the procedural implications of introducing this evidence, including the scheduling of expert testimony and the exchange of documents. The court also had to address the allocation of costs associated with the expert evidence.

Watts J ordered that the father be permitted to adduce the evidence contained in Mr P’s report. The court directed that the parties and the Independent Children's Lawyer arrange for Mr P and Dr J to confer as soon as practicable to prepare a joint statement in accordance with rule 15.69(3) of the Family Law Rules. The experts were to give evidence concurrently on 2 April 2014. The father was ordered to pay all future costs in relation to the experts, and each party was required to provide the other with a list of documents they intended to rely upon at the hearing within seven days. Furthermore, the father was directed to provide Mr P with any material he had not yet seen that either party intended to rely upon at the final hearing before the joint conference took place.
Details

Areas of Law

  • Family Law

  • Civil Procedure

  • Evidence

Legal Concepts

  • Expert Evidence

  • Costs

  • Discovery

  • Procedural Fairness

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