Greco and Pendle (No. 2)

In *Greco and Pendle (No. 2)*, Strickland J of the Family Court of Australia considered objections raised by the mother's solicitors concerning the admissibility of affidavits of evidence in chief filed by the father and his partner. The dispute centred on the proper procedure for raising and determining such objections within the context of family law proceedings.

The primary legal issue before the court was whether the mother's solicitors were entitled to raise objections to the affidavits of evidence in chief at that stage of the proceedings, and if so, what the appropriate mechanism for doing so should be. The court was required to determine the procedural fairness and evidential rules applicable to the admission of such evidence.

Strickland J reasoned that it was appropriate for objections to be raised and considered, but that a formal process was necessary to ensure fairness to all parties. The judge ordered that the mother's solicitors were to provide a list of any objections to the father's solicitors by a specified date. This would allow the father and his partner an opportunity to respond to the objections before further consideration of the matter. The court then adjourned the proceedings to a directions hearing to address these issues.