Demetriou and Demetriou

In the matter of *Demetriou and Demetriou*, Harper J of the Family Court of Australia considered an application by the Applicant Husband concerning questions to be put to a single expert witness. The core of the dispute revolved around the Applicant Husband's desire to submit questions to the expert, N Group, and the procedural limitations that might apply.

The primary legal issue before the Court was whether the Applicant Husband should be granted leave to submit questions to the single expert witness, and specifically, whether the time limit prescribed by Rule 15.65(1)(b) of the *Family Law Rules 2004* (Cth) should be dispensed with. This rule ordinarily requires such questions to be submitted within 21 days of the expert's report being provided.

Harper J reasoned that while the general rule imposes a time limit, the Court retains a discretion to dispense with such limitations in appropriate circumstances. The Court exercised this discretion, granting leave to the Applicant Husband to submit questions to N Group. This decision was made notwithstanding the expiry of the usual 21-day period, indicating a focus on ensuring a fair process for the parties involved in the litigation.

Consequently, the Court ordered that the Applicant Husband's Application in a Case, filed on 29 August 2019, be dismissed. However, leave was granted pursuant to Rule 15.65 of the *Family Law Rules 2004* (Cth) for the Applicant Husband to submit questions to the single expert witness, N Group, with the time limit of 21 days being dispensed with. The Court directed that any such questions were to be submitted by 4:00 pm on 5 September 2019.