Cook and Cook (No 2)

In the matter of *Cook and Cook (No 2)*, Young J of the Family Court of Australia considered applications by both the husband and the wife concerning the adducing of further evidence in proceedings otherwise concluded. The husband sought to adduce further evidence, while the wife sought leave to reopen her case to present evidence regarding the sale of shares and payments made to a single expert witness.

The primary legal issues before the court were whether to grant the husband's application to adduce further evidence and whether to grant the wife leave to reopen her evidence. The court also had to consider the procedural steps required for each party to present any further evidence they intended to rely upon.

Young J adjourned the husband's application for further evidence, listing it for a separate hearing. Crucially, the wife was granted leave to reopen her evidence to present details concerning the sale of shares in Y Investments Pty Ltd and NTC Pty Ltd, including the consideration received and the disposition of the proceeds. She was also permitted to provide evidence on the quantum of monies paid to BDO for the costs of the single expert witness, Mr F. The court set strict timelines for the filing and service of further applications and supporting affidavits by both parties, and ordered that the extempore reasons for judgment be transcribed and made available. The court also certified that the matter reasonably required the attendance of Senior Counsel and Counsel for the wife.