Emmett & Emmett

Case •

[2010] FamCA 56

•

21 January 2010
Details
AGLC Case Decision Date
Emmett & Emmett [2010] FamCA 56 [2010] FamCA 56 21 January 2010

CaseChat Overview and Summary

In *Emmett & Emmett*, the wife sought leave to tender further evidence in proceedings before Watts J. The dispute concerned the wife's application filed on 14 July 2009.

The primary legal issue before the court was whether to grant the wife leave to adduce further evidence, specifically two letters relating to a superannuation fund. The court was required to determine if this evidence was admissible and relevant to the proceedings.

Watts J granted the wife leave to tender a letter dated 17 March 2009 to the Manager T Superannuation Fund and a letter received from T Super dated 14 April 2009, marking them as Exhibit QQQ. However, the court dismissed the wife's application filed on 14 July 2009 in all other respects.
Details

Key Legal Topics

Areas of Law

  • Family Law

  • Civil Procedure

  • Evidence

Legal Concepts

  • Appeal

  • Costs

  • Discovery

  • Procedural Fairness

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Cases Citing This Decision

2

Morris and Somers (No 2) [2016] FamCA 809
WOOLWICH & WOOLWICH [2014] FamCA 1253
Cases Cited

6

Statutory Material Cited

1

Reid v Brett [2005] VSC 18
Autodesk Inc v Dyason (No 2) [1993] HCA 6
Smith v New South Wales Bar Association [1992] HCA 36