FAMILY COURT OF AUSTRALIA
| IABH & HRBH | [2009] FamCA 1131 |
| FAMILY LAW – PROPERTY – Interim hearing – permission to tender affidavit of and report of adversarial expert |
| Family Law Act 1975 (Cth) Family Law Rules 1.12; 15.49(2)(b) and (c); 15.54(1) and (2); 15.65; 15.66 |
| APPLICANT: | Mr HRBH |
| RESPONDENT: | Ms IABH |
| FILE NUMBER: | TVF | 6 | of | 2003 |
| DATE DELIVERED: | 20 November 2009 |
| PLACE DELIVERED: | Cairns |
| PLACE HEARD: | Cairns |
| JUDGMENT OF: | Watts J |
| HEARING DATE: | 17 November 2009 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Mr Kirk, SC |
| SOLICITOR FOR THE APPLICANT: | Miller Harris Lawyers |
| COUNSEL FOR THE APPLICANT: | Mr North, SC |
| SOLICITOR FOR THE RESPONDENT: | Taussig Cherrie & Associates |
Orders
Orders made 17 November 2009
The wife’s application that Dr RW and Dr JC confer prior to the first day of the hearing is dismissed.
The lawyers for the parties confer for the purpose of attempting to make an arrangement for Dr RW and Dr JC to concurrently give their evidence by electronic (telephone) means.
The husband’s application that Mr DH and Ms MD confer prior to the hearing is dismissed.
The lawyers for the parties confer for the purposes of attempting to make an arrangement for Mr DH and Ms MD to concurrently give their evidence by electronic (telephone) means.
Permission is granted to the husband to tender the affidavit of Mr SQ sworn and filed 2 November 2009.
By consent, the wife (through her lawyers) may have oral or written privileged communication with Mr DD.
Not earlier than Friday 20 November 2009, Mr DD and Mr SQ conduct a conference pursuant to rule 15.69(3) Family Law Rules and each of them do all things required by that rule.
The applications in the case filed by the husband on 10 November 2009 and the applications in the response filed by the wife on 16 November 2009 are otherwise dismissed.
IT IS NOTED THAT:
It is anticipated by counsel for the parties that there will be agreement in relation to the accommodation of expert witnesses by interposing them at times convenient to them during the hearing.
I have reserved giving my reasons for making order 5.
IT IS NOTED that publication of this judgment under the pseudonym IABH & HRBH is approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth)
| FAMILY COURT OF AUSTRALIA AT CAIRNS |
FILE NUMBER: TVF 6/2003
| Mr HRBH |
Applicant
And
| Ms IABH |
Respondent
REASONS FOR JUDGMENT
The husband, by way of Application in a Case filed on 10 November 2009, sought orders that Dr RW and Dr JC confer and that Mr DH and Ms MD confer. After discussion, I dismissed these applications and senior counsel for the husband indicated that no formal reasons were required.
The husband also sought permission to tender an affidavit by Mr SQ which was sworn 2 November 2009 and filed 2 November 2009. Mr SQ is a real estate valuer. He was employed as a “shadow expert” by the husband, who now wishes to rely upon him as an…
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- AGLC
- HRBH & IABH [2009] FamCA 1131
- Case
- [2009] FamCA 1131
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court concerned the procedural arrangements for the giving of evidence and the conduct of conferences between parties and their representatives. Specifically, the court had to determine whether to grant the applications for the medical practitioners and the other individuals to confer, and how to manage the tendering of evidence and communications in light of the impending hearing.
Watts J dismissed the wife's application for Dr RW and Dr JC to confer, and the husband's application for Mr DH and Ms MD to confer. However, the court ordered that the lawyers for both parties confer to explore arrangements for Dr RW, Dr JC, Mr DH, and Ms MD to give evidence concurrently by telephone. Permission was granted for the husband to tender the affidavit of Mr SQ. The court also made orders regarding privileged communication between the wife and Mr DD, and directed Mr DD and Mr SQ to conduct a conference pursuant to rule 15.69(3) of the Family Law Rules. All other applications filed by the husband and wife were dismissed.
Orders
Orders of the court
Orders made 17 November 2009
1.
The wife’s application that Dr RW and Dr JC confer prior to the first day of the hearing is dismissed.
2.
The lawyers for the parties confer for the purpose of attempting to make an arrangement for Dr RW and Dr JC to concurrently give their evidence by electronic (telephone) means.
3.
The husband’s application that Mr DH and Ms MD confer prior to the hearing is dismissed.
4.
The lawyers for the parties confer for the purposes of attempting to make an arrangement for Mr DH and Ms MD to concurrently give their evidence by electronic (telephone) means.
5.
Permission is granted to the husband to tender the affidavit of Mr SQ sworn and filed 2 November 2009.
6.
By consent, the wife (through her lawyers) may have oral or written privileged communication with Mr DD.
7.
Not earlier than Friday 20 November 2009, Mr DD and Mr SQ conduct a conference pursuant to rule 15.69(3) Family Law Rules and each of them do all things required by that rule.
8.
The applications in the case filed by the husband on 10 November 2009 and the applications in the response filed by the wife on 16 November 2009 are otherwise dismissed.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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