ISAACSON & ISAACSON

The parties to this proceeding were Isaacson & Isaacson. The dispute concerned the division of property. The decision was made by His Honour Judge J D Wilson QC in the Family Court of Australia.

The central legal issue before the Court was the admissibility of expert evidence presented by the parties. Specifically, the Court was required to determine whether the affidavits filed, which purported to contain expert evidence, met the requirements for admissibility under the rules of evidence.

His Honour Judge Wilson QC reviewed a number of authorities concerning the admissibility of expert evidence. He concluded that the affidavits in question did not constitute admissible expert evidence. The Court held that the failure to comply with the rules of evidence meant the material was not a matter of weight to be considered by the Court, but rather was inadmissible from the outset.

The Court therefore excluded the purported expert evidence.