Jeeves and Jeeves

Case

[2010] FamCA 258

8 April 2010


Details
AGLC Case Decision Date
Jeeves and Jeeves [2010] FamCA 258 [2010] FamCA 258 8 April 2010

CaseChat Overview and Summary

In *Jeeves and Jeeves*, the wife sought to admit certain Commonwealth Bank records as a business record under section 69 of the *Evidence Act 1995* (Cth). The husband opposed this application. The court was also asked to determine which documents the wife would be permitted to rely upon in her case, with specific exclusions and conditions.

The primary legal issue before the court was the admissibility of the Commonwealth Bank records as a business record. Additionally, the court had to consider the scope of documents the wife could rely on, particularly in light of potential cross-examination or admission into evidence of other related documents.

Justice Cronin dismissed the wife's application to admit the Commonwealth Bank records, finding they did not meet the criteria for admission as a business record under section 69 of the *Evidence Act 1995* (Cth). The court then permitted the wife to rely on most of the documents outlined in her case, with specific exceptions. These exceptions included the affidavit of Ms H sworn 12 December 2002, the affidavit of Mr E, and affidavits of Mr L dated prior to 18 June 2009, unless those excluded documents were referred to in cross-examination or otherwise admitted into evidence.
Details

Areas of Law

  • Family Law

  • Evidence

  • Civil Procedure

Legal Concepts

  • Procedural Fairness

  • Appeal

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