HRBH & IABH

In the matter of HRBH & IABH, heard by Watts J, the wife sought an order that two medical practitioners, Dr RW and Dr JC, confer prior to the first day of the hearing. The husband sought a similar order for two other individuals, Mr DH and Ms MD, to confer. The court also considered applications concerning the tendering of an affidavit and privileged communication with a Mr DD, as well as a conference to be conducted by Mr DD and Mr SQ.

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.