Crosbie and Crosbie

This matter concerned proceedings between the applicant father and the respondent mother, with Justice Austin presiding. The dispute involved the determination of various procedural and substantive issues within family law proceedings, including the appointment of a single expert witness and the management of evidence related to computer hard drives. The court also addressed an application by the respondent mother, which was subsequently dismissed.

The legal issues before the court included the proper procedure for disclosure and the filing of evidence by the parties and the Independent Children’s Lawyer. The court was required to determine the scope of affidavits to be filed, the appointment of a single expert witness to report on the contents of computer hard drives, and the instructions to be provided to that expert. Furthermore, the court had to consider the allocation of costs for a specific application and the process for preparing and tendering evidence, including the use of subpoenas.

Justice Austin made a series of orders to manage the proceedings. These included setting a trial date, requiring the applicant to pay the trial fee, and setting strict timelines for the filing and service of amended applications, responses, and affidavits. The court granted leave for specific witnesses to file affidavits, confined to issues raised in the parties' case information forms. Crucially, Mr. I of F Forensics was appointed as a single expert witness to examine computer hard drives for pornographic content, with the respondent mother tasked with providing the letter of instruction and facilitating the collection of the drives. The applicant mother was ordered to pay the expert's fees. The court also outlined the process for issuing subpoenas, with specific rights granted to the Independent Children’s Lawyer for photocopying and document compilation. Finally, the court dismissed the respondent mother's application for specific orders and ordered that each party bear their own costs for that application.