Munroe and Munroe

Case

[2011] FamCA 616

13 July 2011


Details
AGLC Case Decision Date
Munroe and Munroe [2011] FamCA 616 [2011] FamCA 616 13 July 2011

CaseChat Overview and Summary

In the matter of *Munroe and Munroe*, heard before Stevenson J, the dispute concerned the admissibility and treatment of expert evidence in Family Court proceedings. The wife sought to have her expert witness, Mr B, treated as an expert in the case, while the husband sought leave to adduce evidence from his own expert witness, Mr C, and to rely on Mr C's report.

The court was required to determine whether to grant the wife's application regarding Mr B and the husband's application regarding Mr C. Furthermore, the court needed to establish the procedural framework for the expert evidence, including whether the experts should confer and, if so, the nature and purpose of such a conference.

Stevenson J reasoned that both experts should be treated as such for their respective parties and ordered that they confer. The court directed that the experts be provided with the "Experts’ Conferences – Guidelines for Expert Witnesses and Those Instructing Them in Cases in the Family Court of Australia" and attend a conference at an agreed time and place. The purpose of this conference was to identify agreed and disagreed issues, attempt to reach agreement where practicable, explain reasons for disagreement, and identify potential resolutions, culminating in a joint statement detailing these matters.
Details

Areas of Law

  • Family Law

  • Evidence

  • Civil Procedure

Legal Concepts

  • Expert Evidence

  • Procedural Fairness

  • Discovery

  • Remedies

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