Khalil and Tahir-Ahmadi

In *Khalil and Tahir-Ahmadi*, Dawe J of the Federal Magistrates Court of Australia considered an application concerning the establishment of facts in family law proceedings. The dispute involved the wife seeking to adduce evidence from a Community Health Service.

The primary legal issue before the court was whether to make a blanket order requiring the facts to be established in accordance with the *Evidence Act 1995* (Cth) at that stage of the proceedings, or to proceed under section 69ZT(1) of the *Family Law Act 1975* (Cth). A related issue was whether to grant the wife leave to issue a subpoena for specific documents.

Dawe J declined to make a blanket order under the *Evidence Act* at that juncture, opting instead to proceed with the hearing pursuant to section 69ZT(1) of the *Family Law Act*. This provision allows for the court to proceed with the hearing of evidence in family law matters without strict adherence to formal rules of evidence if it is in the interests of justice. The court granted the wife leave to issue a subpoena to the local Community Health Service for documents pertaining to the wife, husband, and child, subject to strict time limits for issuance and return.