Kirke and Xuan and Anor (No. 2)

Case

[2019] FamCA 875

20 November 2019


Details
AGLC Case Decision Date
Kirke and Xuan and Anor (No. 2) [2019] FamCA 875 [2019] FamCA 875 20 November 2019

CaseChat Overview and Summary

In the matter of *Kirke and Xuan and Anor (No. 2)*, heard before Wilson J, the proceeding concerned an application to admit a document purporting to be an affidavit of Ms Moye, filed on 27 April 2018, into evidence.

The central legal issue before the Court was whether to grant leave for this document to be admitted as evidence, notwithstanding any potential issues with its form or compliance with evidentiary rules.

Wilson J granted leave for the document to be admitted into evidence. The Court's reasoning and the specific legal principles applied in reaching this decision are not detailed in the provided extract, beyond the granting of leave itself.

The order made by the Court was that leave be granted for the document purporting to be an affidavit of Ms Moye filed 27 April 2018 to be admitted into evidence, subject to the formal entry of the order in the Court’s records.
Details

Areas of Law

  • Civil Procedure

  • Evidence

Legal Concepts

  • Expert Evidence

  • Procedural Fairness

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