Kalben and Auton

[2017] FamCA 632

FAMILY COURT OF AUSTRALIA

KALBEN & AUTON [2017] FamCA 632

FAMILY LAW – PRACTICE AND PROCEDURE – application to adduce further evidence – application to appoint a single expert

APPLICANT: Mr Kalben

RESPONDENT: Ms Auton

FILE NUMBER: CAC 299 of 2017

DATE DELIVERED: 16 August 2017

PLACE DELIVERED: Canberra

PLACE HEARD: Canberra

JUDGMENT OF: Gill J

HEARING DATE: 16 August 2017

REPRESENTATION

SOLICITOR FOR THE APPLICANT: Campbell & Co

COUNSEL FOR THE RESPONDENT: Mr G Howard

SOLICITOR FOR THE RESPONDENT: Watts McCray Lawyers

Orders

1. The application to appoint a single expert is refused. 

2. The application to adduce further adversarial evidence is refused.

Note: The form of the order is subject to the entry of the order in the Court’s records.

IT IS NOTED that publication of this judgment by this Court under the pseudonym Kalben & Auton has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).

Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).

FAMILY COURT OF AUSTRALIA AT CANBERRA

FILE NUMBER: CAC 299 of 2017

Mr Kalben

Applicant

And

Ms Auton

Respondent

REASONS FOR JUDGMENT

1. I am going to refuse the application to adduce expert evidence primarily by reason for the fact that this matter has been listed with a strict timetable.  That strict timetable was imposed to ensure that the matter could be dealt with prior to the next component of the hearing of the matter in Austria. 

2. The orders were made on 10 July 2017.  The first application made in relation to this expert evidence was made on 8 August 2017 which was the date by which the husband was to have filed and served all his material.  The advice I have received from Ms Campbell is that the material would be able to be received by 24 August 2017 which leaves a very short time, should an answer be required. 

3. On that basis I am going to refuse the application because of the danger it puts in having this matter go over and having to litigate further issues, including a stay given the timing of the Austrian proceedings, which as I understand it are next due to be heard on 11 September 2017, the week after the hearing of this matter. 

4. I refuse the application to appoint a single expert.  I refuse the application to adduce further adversarial evidence.

I certify that the preceding four (4) paragraphs are a true copy of the reasons for judgment of the Honourable Justice Gill delivered on 16 August 2017.

Associate: 

Date:  23 August 2017