Giunta & Giunta (No 2)
Case
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[2020] FamCA 1045
•9 November 2020
Details
AGLC
Case
Decision Date
Giunta & Giunta (No 2) [2020] FamCA 1045
[2020] FamCA 1045
9 November 2020
CaseChat Overview and Summary
In the matter of *Giunta & Giunta (No 2)*, the court considered the admissibility of evidence in a family law proceeding. The mother objected to a paragraph within the father's affidavit, alleging it was improperly obtained. The father sought to rely on this paragraph, which was derived from an audio recording.
The central legal issue before the court was whether the disputed paragraph, and by extension the audio recording from which it was extracted, should be admitted into evidence, notwithstanding the mother's objection regarding its improper procurement. The court also considered the potential admissibility of the entire transcript of the audio recording.
His Honour McClelland DCJ indicated that he would consider admitting the entire transcript of the audio recording into evidence, subject to the parties conferring and agreeing on its accuracy. The paragraph from the father's affidavit was not read into evidence at that stage, pending the resolution of the transcript issue.
The central legal issue before the court was whether the disputed paragraph, and by extension the audio recording from which it was extracted, should be admitted into evidence, notwithstanding the mother's objection regarding its improper procurement. The court also considered the potential admissibility of the entire transcript of the audio recording.
His Honour McClelland DCJ indicated that he would consider admitting the entire transcript of the audio recording into evidence, subject to the parties conferring and agreeing on its accuracy. The paragraph from the father's affidavit was not read into evidence at that stage, pending the resolution of the transcript issue.
Details
Key Legal Topics
Areas of Law
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Family Law
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Evidence
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Civil Procedure
Legal Concepts
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Procedural Fairness
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Discovery
Actions
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Citations
Giunta & Giunta (No 2) [2020] FamCA 1045
Most Recent Citation
Yagin & Harstad [2024] FedCFamC1F 202
Cases Cited
23
Statutory Material Cited
3
Rathswohl v Court
[2020] NSWSC 1490
Violi v Berrivale Orchards Limited
[2000] FCA 797
Thomas v Nash
[2010] SASC 153