DOW & HENCKEN (No.2)

Case

[2018] FCCA 3047

5 July 2018


Details
AGLC Case Decision Date
Dow and Hencken (No.2) [2018] FCCA 3047 [2018] FCCA 3047 5 July 2018

CaseChat Overview and Summary

In *Dow & Hencken (No.2)*, heard before Judge Henderson, the husband sought leave to cross-examine the wife. The precise nature of the underlying dispute leading to this application is not detailed, but it concerned a family law matter, specifically divorce proceedings.

The central legal issue before the court was whether the husband should be permitted to cross-examine the wife. This required the court to consider the circumstances under which such an examination would be granted, likely balancing the need for a fair hearing against potential prejudice or undue burden on the parties.

Judge Henderson refused the husband's application to cross-examine the wife. While the specific reasons for this refusal are not elaborated in the provided text, the decision indicates that the threshold for allowing cross-examination in this instance was not met. The court's order reflects a determination that the application was not warranted.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Procedural Fairness

  • Discovery

  • Jurisdiction

Actions
Download as PDF Download as Word Document

Most Recent Citation
HENCKEN & DOW [2019] FamCAFC 154

Cases Citing This Decision

1

HENCKEN & DOW [2019] FamCAFC 154
Cases Cited

0

Statutory Material Cited

2