ENGLAND & HARRISSON

In parenting proceedings before Altobelli J, the parties, England and Harrisson, were involved in a dispute concerning allegations of family violence. The central issue was whether an affidavit sworn by a third party, Ms B, should be admitted as evidence.

The court was required to determine the admissibility of Ms B's affidavit, specifically considering whether its probative value was outweighed by the potential prejudice or unfairness it might cause, pursuant to section 135 of the *Evidence Act 1995* (Cth). The evidence sought to be led related to historical allegations of family violence.

Altobelli J found that the probative value of the affidavit evidence was low. Applying the principles of section 135 of the *Evidence Act 1995* (Cth), the court concluded that the affidavit should be struck out and not read into evidence, as its limited probative value did not justify its admission.

Consequently, the court ordered that the affidavit of Ms B filed on 27 October 2020 be struck out and removed from the Court record. The matter was then listed for a Final Hearing commencing on 21 June 2021, estimated to take five days, before Justice Baumann.