Falcon and Falcon and Anor

In the matter of *Falcon and Falcon and Anor*, Justice Austin of the Supreme Court of New South Wales considered applications concerning the method of evidence presentation and attendance at proceedings. The primary dispute involved the Director General of the Department of Human Services seeking to have a witness, Dr K, give evidence by telephone, and also seeking leave to elicit evidence from another witness, Mr H, by telephone. The paternal grandmother also sought to attend the hearing by telephone.

The court was required to determine whether to grant the Director General's applications for witnesses to give evidence remotely, and whether to permit the paternal grandmother to attend the proceedings by telephone. Additionally, the court considered applications to amend existing orders regarding the filing and service of documents by the respondent paternal grandmother and the Intervener.

Justice Austin granted the Director General's application for Dr K to give evidence by telephone and also granted leave for evidence to be elicited from Mr H by telephone. However, the application by the paternal grandmother to attend the hearing by telephone was dismissed. The court also amended previous orders to allow the paternal grandmother to file and serve her Amended Response and an affidavit by Tuesday, 1 December 2009, and similarly permitted the Intervener to file and serve an affidavit by the same date.