Gin v Hing

In proceedings before Wilson J, the wife sought leave to file an affidavit of Mr D, affirmed on 15 October 2019. The husband had exhibited audio recordings as part of his case.

The court was required to determine whether to grant the wife leave to file her proposed affidavit, and whether to grant leave for the filing of an affidavit of Mr E, affirmed on 11 September 2019. Further, the court needed to make directions regarding the future conduct of the proceedings and address the comparison of transcripts with audio recordings.

Wilson J dismissed the wife's application for leave to file Mr D's affidavit. However, leave was granted for the filing of Mr E's affidavit. The matter was listed for a directions hearing to determine future conduct. Crucially, the husband was ordered, at his own expense, to engage a Mandarin interpreter, chosen by the independent children's lawyer from appropriately qualified individuals residing outside Victoria, to compare specific transcripts with audio recordings and identify any errors or omissions. The costs associated with this comparison and the hearing on 21 October 2019 were reserved.