GUNBY & CARRINGTON

In the matter of *Gunby & Carrington*, heard before Dawe J, the mother sought permission to rely on the affidavit of an expert concerning issues of family violence. The father opposed this application.

The central legal issue before the Court was whether to grant the mother permission to adduce the expert evidence, considering that the expert's evidence was not based on written instructions and the expert had not interviewed the father. The Court was required to determine if the prejudicial nature of the evidence outweighed its probative value, and to exercise its discretion under section 135 of the *Evidence Act 1995* (Cth).

Dawe J refused the mother permission to rely on the expert's affidavit. The Court reasoned that the expert evidence lacked sufficient probative value due to the absence of written instructions and the failure to interview the father, rendering it unfairly prejudicial. Consequently, the Court dismissed the mother's applications filed on 25 August 2009 and 22 September 2009. The question of costs was adjourned to the conclusion of the trial.