McGeary and Healey

In the Family Court of Australia at Hobart, Justice Benjamin heard an application by Ms McGeary against Mr Healey. Ms McGeary sought orders that the court receive reports from a psychologist and coroners for consideration in the family law matter. Her primary complaint concerned an unfavourable and critical report by a psychologist, Dr C, alleging unjustified criticism, an adverse attitude, and an inappropriate manner.

The court was required to determine whether Ms McGeary's complaints about the psychologist's report could be addressed through cross-examination or by making a proper application for a further expert witness under the Family Law Rules 2004. Additionally, the court needed to consider the admissibility of material from the coroner.

Justice Benjamin reasoned that the complaints regarding Dr C's report should have been raised during cross-examination or through a formal application under rule 15.52, which requires demonstrating a substantial body of contrary opinion or the expert's lack of knowledge of relevant matters. As no such application was properly made, the request for a further expert was dismissed. Regarding the coroner's material, the court noted that it could be introduced via subpoena or attached to other court documents, with the respondent not opposing its inclusion.

Consequently, the application as presented was dismissed. The court reserved costs of the trial.