LGM v CAM

Case

[2008] FamCA 185

20 March 2008


Details
AGLC Case Decision Date
LGM v CAM [2008] FamCA 185 [2008] FamCA 185 20 March 2008

CaseChat Overview and Summary

In *LGM v CAM*, heard before O'Ryan J, the dispute concerned an application by the Fifth Respondent, K Inc, for leave to cross-examine the Wife, Mrs LY, Mr MY, and Ms SY, who were the First to Fourth Respondents.

The central legal issue before the Court was whether K Inc should be granted leave to cross-examine the First to Fourth Respondents.

O'Ryan J considered the principles governing the grant of leave to cross-examine in family law proceedings, particularly in circumstances where a party seeks to cross-examine witnesses who are not directly involved in the litigation in the same capacity as the applicant. The Court applied the principles that require a compelling reason for cross-examination, considering factors such as the necessity of the evidence, the potential prejudice to the parties, and the efficient conduct of the proceedings.

The Court ordered that the Fifth Respondent, K Inc, not be permitted to cross-examine any of the First to Fourth Respondents.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Procedural Fairness

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Most Recent Citation
Roy v Lagona [2010] VSC 250

Cases Citing This Decision

45

Wik Peoples v Queensland [1996] HCA 40
Cases Cited

3

Statutory Material Cited

1

Briginshaw v Briginshaw [1938] HCA 36
Luxton v Vines [1952] HCA 19
Luxton v Vines [1952] HCA 19