MALUKA & MALUKA

In the matter of *Maluka & Maluka*, heard before Coleman J, the dispute concerned the application of evidentiary provisions within family law proceedings. The central question before the Court was whether to apply section 69ZT of the *Family Law Act 1975* (Cth) or to invoke subsection (3) of that section to permit the trial to proceed by reference to evidence governed by the *Evidence Act 1995* (Cth).

The Court was required to determine whether the circumstances of the case were exceptional, justifying the application of the *Evidence Act 1995* (Cth) rather than the default provisions of section 69ZT of the *Family Law Act 1975* (Cth). This involved a consideration of which approach would best serve the interests of justice in the particular proceedings.

Coleman J reasoned that the interests of justice would be better served by concluding that the circumstances were exceptional. Accordingly, the Court exercised its power under section 69ZT(3) of the *Family Law Act 1975* (Cth) to apply the provisions of the *Evidence Act 1995* (Cth) to the proceedings. The Court ordered that the provisions of the *Evidence Act 1995* (Cth) be applied to the proceedings in accordance with section 69ZT(3) of the *Family Law Act 1975* (Cth).