Hillier and Wooton

In the matter of *Hillier and Wooton*, heard before Watts J, the dispute concerned the adducing of evidence and the role of expert witnesses in family law proceedings. The respondent husband sought leave to rely on an affidavit sworn by Dr B, and directions were given regarding a conference between two expert witnesses, Dr C and Dr B, to prepare a joint statement.

The court was required to determine whether to grant leave for the respondent husband to adduce the evidence contained in Dr B's affidavit. Further, the court needed to establish the process for the expert witnesses to confer, prepare a joint statement, and provide oral evidence, specifically addressing the scope of their conference and the potential for the wife to seek variation of existing orders concerning the single expert witness.

Watts J granted leave for the respondent husband to rely on Dr B's affidavit. The court directed Dr C and Dr B to confer within 21 days and provide a joint statement by 1 May 2016, noting that the lawyers for the parties should clarify the specific questions or issues for the experts' conference, drawing attention to comments made at paragraph [30] of the reasons. Dr C was to continue as the single expert witness, and the wife was given the option to relist the matter if she wished to argue for a variation of this interim order, with arrangements to be made for Dr C to be available electronically. Finally, the single expert and the adversarial expert were ordered to give oral evidence concurrently.