Gitarro and Gitarro and Ors

In *Gitarro and Gitarro and Ors*, the Family Court of Australia considered an application concerning the order of cross-examination of the husband. The wife sought to cross-examine the husband first.

The central legal issue before the Court was whether the wife should be permitted to cross-examine the husband before any other party. This involved an assessment of the appropriate procedure for the conduct of cross-examination in family law proceedings, particularly where multiple parties are involved.

The Court reasoned that in circumstances where a party seeks to cross-examine another party, and there are multiple parties to the proceeding, the Court has a discretion to determine the order of cross-examination. The Court determined that it was in the interests of justice and procedural fairness for the wife to cross-examine the husband first, likely to ensure her case was presented and tested before other parties had the opportunity to do so.

Accordingly, the Court ordered that for the purposes of cross-examination of the husband, counsel for the wife was to cross-examine first.