McDermott & McDermott

In *McDermott & McDermott*, Foster J of the Family Court of Australia considered an application by the husband to reopen his case. The dispute concerned financial matters within divorce proceedings, and the husband sought to introduce further evidence and documents relating to the receipt and disposition of funds.

The primary legal issue before the court was whether the husband should be granted leave to reopen his case to adduce further evidence. This involved considering the principles governing the reopening of a case, particularly in the context of financial proceedings where the disclosure of assets and liabilities is crucial.

Foster J applied the established principles for granting leave to reopen a case, which generally require demonstrating that the new evidence is significant, likely to be credible, and could affect the outcome of the proceedings. The court also considered the need for fairness to both parties and the efficient administration of justice. The orders made indicate that the court granted the husband leave to reopen his case, subject to specific conditions regarding the filing of a supplementary affidavit, the provision of original documents and a summary schedule of financial transactions, and the reservation of costs.