CHIH & CHAN

In the matter of CHIH & CHAN, heard before Watts J, the dispute concerned contested issues in family law proceedings. The wife sought to rely on affidavit evidence from a Ms B concerning Korean cultural attitudes and customs relating to inheritances, which the husband objected to on grounds of expertise.

The primary legal issue before the court was the admissibility and weight of Ms B's affidavit evidence, specifically whether she possessed the necessary expertise to provide opinions on Korean inheritance customs. The court also considered procedural matters related to the exchange of evidence and the preparation for the trial.

Watts J directed the parties to confer on agreed facts from Ms B's affidavit and allowed the wife to file a supplementary affidavit from Ms B detailing her qualifications regarding Korean cultural attitudes and customs. Leave was granted for Ms B's evidence to be relied upon, subject to any unresolved objections concerning her expertise. The court also made orders by consent for Mr Chan Snr and Ms O to give evidence by telephone and set timelines for the parties to confer on objections to Ms B's report, provide a draft trial plan, and for the husband to file evidence in reply concerning "Kennon issues." The court confirmed the hearing dates and directed the husband to use his best endeavours to obtain documents sought by the wife from his parents.