Fowles and Fowles

Case

[2019] FamCA 133

5 February 2019


Details
AGLC Case Decision Date
Fowles and Fowles [2019] FamCA 133 [2019] FamCA 133 5 February 2019

CaseChat Overview and Summary

In *Fowles and Fowles*, heard by Bennett J, the husband sought leave to rely on an affidavit sworn by Mr Y and to make Mr Y available for cross-examination via audio visual link. The wife opposed this application.

The central legal issue before the court was whether to grant the husband leave to rely on Mr Y's affidavit and permit his cross-examination by audio visual link, despite potential objections from the wife. The court was also required to determine the status of the reasons concerning the evidence of Mr Z and Mr Y.

Bennett J granted the husband leave to rely on Mr Y's affidavit and permitted Mr Y to be cross-examined by audio visual link on behalf of the wife. The court further ordered that its reasons regarding the evidence of both Mr Z and Mr Y be transcribed, placed on the Court file, and provided to the parties.
Details

Areas of Law

  • Family Law

  • Civil Procedure

  • Evidence

Legal Concepts

  • Appeal

  • Expert Evidence

  • Discovery

  • Procedural Fairness

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Cases Citing This Decision

1

Fowles & Fowles (No 4) [2023] FedCFamC1F 819
Cases Cited

0

Statutory Material Cited

1