McKinnon and McKinnon

Case

[2009] FamCA 921

25 August 2009


Details
AGLC Case Decision Date
McKinnon and McKinnon [2009] FamCA 921 [2009] FamCA 921 25 August 2009

CaseChat Overview and Summary

In the matter of *McKinnon and McKinnon*, Strickland J considered applications by both the wife and the husband for leave to tender expert reports and adduce evidence from those experts. The dispute concerned issues arising in family law proceedings.

The primary legal issues before the court were whether to grant leave for the wife to tender a report from Mr C and adduce evidence from him concerning six identified issues, and whether to grant leave for the husband to tender a report from Mr V and adduce evidence from him regarding the same six issues.

Strickland J applied Rule 15.52 of the Family Law Rules 2004, which governs the tendering of expert evidence. The court reasoned that granting leave to both parties to present expert evidence on the identified issues would facilitate a comprehensive determination of the matters in dispute. The court also made directions regarding the filing and service of affidavits of evidence in chief by both parties and specific individuals, as well as updated statements of financial circumstances.

The court ordered that leave be granted to both parties as sought, and adjourned further consideration of the case to a specified date.
Details

Areas of Law

  • Family Law

  • Civil Procedure

  • Evidence

Legal Concepts

  • Appeal

  • Procedural Fairness

  • Expert Evidence

  • Discovery

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Cases Citing This Decision

1

Yarrow & Yarrow [2021] FedCFamC2F 651
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