Mizushima & Crocetti

In the matter of Mizushima & Crocetti, the applicant, Mr Mizushima, filed an application seeking the appointment of a single expert to give expert opinion evidence about the parties' characterisation as "parents". The respondent, Ms Crocetti, was dissatisfied with the judicial registrar’s decision to list the application for interim hearing in several weeks’ time. As a result, Mr Mizushima filed a review application. The case was heard in the Federal Circuit and Family Court of Australia (Division 1), presided over by Austin J.

The primary legal issue for the court to decide was whether the appointment of a single expert to provide opinion evidence on the parties' characterisation as "parents" was appropriate. The court needed to determine whether the questions about parenthood entailed findings of facts and the application of legal principles, and whether the determination of these questions fell within the domain of judicial power or outside the scope of expert opinion evidence. Additionally, the court considered whether the single expert was equipped to offer admissible, or at least probative, opinion evidence about disputed facts or law.

Austin J allowed the review application and entertained the pending application. The court held that questions about parenthood entail findings of facts and the application of legal principles. Consequently, the determination of these questions falls exclusively within the domain of judicial power and falls outside the scope of expert opinion evidence. Given the single expert was not equipped to offer admissible, or at least probative, opinion evidence about disputed facts or law, the court dismissed the underlying interlocutory application. No application for costs was made. The court discharged the order made by the judicial registrar, vacated the court event scheduled before the senior judicial registrar, dismissed the application for review, and dismissed the application in a proceeding.