Corby & Corby

[2015] FCCA 1099

FEDERAL CIRCUIT COURT OF AUSTRALIA

CORBY & CORBY [2015] FCCA 1099

Catchwords:
FAMILY LAW – PRACTICE AND PROCEDURE – Mother seeks to tender tape recordings of conversations between the parties – recordings found to be lawful under Surveillance Devices Act 2007 – section 7(3)(b)(i) of the Surveillance Devices Act 2007 and section 138 of the Evidence Act 1995 discussed – recordings admitted into evidence.

Legislation:

Evidence Act 1995, s.138
Surveillance Devices Act 2007, ss.4, 7

Chao v Chao [2008] NSWSC 584
DW v R [2014] NSWCCA 28
Georgiou Building Pty Ltd v Perrinepod Pty Ltd [2012] WASC 72
Huffman & Gorman [2014] FamCA 150
R v Coutts [2013] SADC 50
R v Lee [2004] NSWCCA 82
Sepulveda v R [2006] NSWCCA 379
Violi v Berrivale Orchards Ltd [2000] FCA 791

Applicant: MR CORBY

Respondent: MS CORBY

File Number: SYC 5639 of 2013

Judgment of: Judge Sexton

Hearing date: 7 April 2015

Date of Last Submission: 7 April 2015

Delivered at: Sydney

Orders made: 8 April 2015

Reasons delivered on: 16 April 2015

REPRESENTATION

Counsel for the Applicant: Mr O’Brien

Solicitors for the Applicant: Craddock Murray Neumann

Counsel for the Respondent: Ms Lawson

Solicitors for the Respondent: Gowland Legal

Counsel for the Independent Children’s Lawyer: Ms Neville

Solicitors for the Independent Children’s Lawyer: Louise Coady

ORDERS

1. The audio recordings between the parties made by the Mother on 25 March, 24 June and 8 July 2012 be marked Exhibit 4. 

2. The Mother’s solicitor email the audio recordings (admitted and marked Exhibit 4) to the Father's new solicitor by the close of business on Tuesday 21 April 2015.

3. The Mother’s solicitor save the audio recordings onto a USB flashdrive and present the flashdrive to the Exhibits counter at the Sydney Registry by no later than 4.00p.m on Friday 24 April 2015.

IT IS NOTED that publication of this judgment under the pseudonym Corby & Corby is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

FEDERAL CIRCUIT COURT
OF AUSTRALIA

AT SYDNEY

SYC 5639 of 2013

MR CORBY

Applicant

And

MS CORBY

Respondent

REASONS FOR JUDGMENT

Ex Tempore

1. On 7 April 2015, the commencement of the first day of the final parenting hearing in relation to the parties’ only child X, the Mother’s counsel sought the Court’s leave to tender further evidence in the form of four short audio recordings of conversations between the Mother and the Father. The conversations are alleged to have occurred in 2012; the first on 25 March, the second and third on 24 June, and the fourth on 8 July, all prior to the parties’ separation.

2. The recordings were only brought to the attention of the Mother’s counsel (who then advised the Father and the Independent Children’s Lawyer) just before the hearing commenced on 7 April. All parties were given the opportunity to listen to the recordings outside the Court.  The Father then opposed the tender. The Independent Children’s Lawyer supported the tender.  The parties agreed that Dr Q, who was waiting at…