NIXON & NIXON

Case

[2014] FamCA 648

20 January 2014


Details
AGLC Case Decision Date
NIXON & NIXON [2014] FamCA 648 [2014] FamCA 648 20 January 2014

CaseChat Overview and Summary

In the matter of *Nixon & Nixon*, heard before Bennett J, the husband sought leave to make an oral application to exclude from evidence a family report prepared by Ms KE, a family consultant, dated 22 November 2013. The wife opposed this application.

The central legal issue before the court was whether the husband should be granted leave to make an oral application to exclude the family report from evidence. This required the court to consider the circumstances under which such an application could be made and the merits of excluding the report.

Bennett J granted the husband leave to make the oral application. However, after hearing the application, the court dismissed it. This indicates that while the procedural step of allowing the application was permitted, the substantive grounds for excluding the report were not found to be persuasive by the court.
Details

Areas of Law

  • Family Law

  • Civil Procedure

  • Evidence

Legal Concepts

  • Procedural Fairness

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Most Recent Citation
DANELL & SALLER [2015] FamCA 859

Cases Citing This Decision

1

DANELL & SALLER [2015] FamCA 859
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