DE LUCA & MARTINELLI

In the matter of *De Luca & Martinelli*, Berman J of the Family Court of Australia considered an application by the husband seeking to vacate the trial and stay proceedings until the determination of potential criminal proceedings by South Australian Police. The husband's primary concern was the risk of self-incrimination. However, the Court noted that no criminal investigation was currently pending.

The legal issues before the Court were whether the proceedings should be stayed due to the risk of self-incrimination, and whether a certificate should be granted under section 128 of the *Evidence Act 1995* (Cth) to protect a witness from the adverse consequences of giving evidence. The Court considered the guidelines established in *McMahon v Gould* regarding stays of proceedings.

Berman J dismissed the husband's application for a stay, finding that the circumstances did not warrant such an order, particularly in the absence of an active criminal investigation. The Court also considered the granting of a certificate under section 128 of the *Evidence Act 1995* (Cth). The Court determined that it was in the interests of justice to grant such a certificate to Ms De Luca in respect of any evidence she intended to give by way of affidavit, examination in chief, or under cross-examination, specifically concerning allegations related to business funds and matters detailed in various affidavits. The Court also made detailed procedural orders regarding the filing of documents, setting down fees, and the preparation for trial.