DON & MCGLENNAN

In *DON & MCGLENNAN*, heard before Dawe J, the father raised objections to documentary evidence tendered by the mother, arguing it constituted inadmissible opinion evidence and was irrelevant. The mother sought to supplement her affidavit material with oral evidence.

The primary legal issues before the Court were whether certain documentary evidence was admissible, specifically in light of section 69ZT of the *Family Law Act 1975* (Cth), and whether the mother should be permitted to give oral evidence to address deficiencies in her affidavit.

Dawe J determined that section 69ZT(3) of the *Family Law Act 1975* (Cth) did not apply to the evidence in question. The Court found that it had the discretion under section 69ZT(2) to permit and give weight to aspects of the evidence as it saw fit. Regarding the mother's request, the Court permitted her to give oral evidence, acknowledging that this might have implications for costs.

The Court ordered that the mother be permitted to give oral evidence and that it would continue to deal with all contravention applications filed by the mother on 25 November 2010.