Correia & Davila

In *Correia & Davila*, the applicant sought leave to reopen evidence after the evidence had concluded and submissions had commenced. The dispute concerned an application for leave to reopen evidence in family law proceedings. The matter was heard by McClelland DCJ.

The primary legal issue before the court was whether to grant the applicant leave to reopen the evidence, particularly given that an adjournment would be required to obtain potentially existing evidence which had been in the party's possession for an extended period. The court also considered the relevance of the proposed evidence to the fundamental and live issue of risk.

McClelland DCJ reasoned that while the evidence had been in the applicant's possession for a significant time and the proceedings had reached an advanced stage, the majority of the evidence was not relevant to the core issue of risk. However, the court found that some of the proposed evidence was relevant to a selected issue. Accordingly, leave was granted to admit evidence on that specific, selected issue.