Jepson & Jepson (No 4)

The case of Jepson & Jepson (No 4) involved a dispute between Mr Jepson and Ms Jepson, with Ms B Jepson and K Pty Ltd also being parties to the proceedings. The case was heard in the Federal Circuit and Family Court of Australia. The primary issue was whether the second respondent, Ms B Jepson, should be permitted to rely on her trial affidavit when she had not filed and served her trial materials until two days prior to the hearing, which would have unfairly prejudiced the self-represented first respondent, Mr Jepson.

The court had to determine whether an adjournment should be granted to allow Ms B Jepson to properly prepare her case, given the critical nature of her evidence on several relevant issues. Additionally, the court considered the concurrent criminal proceedings involving Ms B Jepson, which were expected to be completed in mid-2024. The court ultimately decided that it would not allow Ms B Jepson to rely on her trial affidavit under the circumstances, as doing so would unfairly prejudice Mr Jepson. Consequently, the court granted an adjournment until the week commencing 1 July 2024 and ordered Ms B Jepson to pay the costs incurred by Mr Jepson due to the adjournment on an indemnity basis.

The court noted that Mr Jepson had indicated a potential intention to make an application for an interim property adjustment order. This decision highlights the court's consideration of procedural fairness, particularly in cases where one party is self-represented, and the importance of timely disclosure of evidence in family law matters.