On & On (No. 8)

[2007] FamCA 995

FAMILY COURT OF AUSTRALIA

ON & ON (NO. 8) [2007] FamCA 995

FAMILY LAW - PROPERTY – Ruling – In the course of contested proceedings, the husband sought to tender correspondence that had not been discovered.  Application refused.

APPLICANT: Mr ON

RESPONDENT: Mrs ON

FILE NUMBER: MLF 7114 of 2001

DATE DELIVERED: 5 March 2007

PLACE DELIVERED: Melbourne

JUDGMENT OF: Guest J

HEARING DATE: 5 March 2007

REPRESENTATION

COUNSEL FOR THE APPLICANT: In person

SOLICITOR FOR THE APPLICANT:

COUNSEL FOR THE RESPONDENT: Mr Kirkham QC with Mr Sweeney of Counsel

SOLICITOR FOR THE RESPONDENT: Kennedy Wisewoulds

FAMILY COURT OF AUSTRALIA AT MELBOURNE

FILE NUMBER: MLF 7114  of 2001

Mr ON

Applicant

And

Mrs ON

Respondent

RULING

1. The wife having given her evidence and her case closed, the husband has sought to tender a letter from G Estate Agents and Valuers, dated 3 July 2001, forwarded to SI Ltd c/o …, London which dealt with the property at G3, UK. 

2. This piece of correspondence was never put to the wife.  Mr Sweeney has objected to the letter being received in evidence.  He referred to the fact that the contract of sale in respect of the property there referred to has been already tendered and bears relevant particulars.  It surprises me that if the husband wishes to attach the weight he appears to suggest it merits, it was not referred to in his trial affidavit settled by his senior counsel over several days of conference, and with the assistance of a senior practitioner in family law.  No attempt was made to place it before the court in admissible form.

3. Mr Sweeney raises the point that the husband, despite many requests that he do so, failed to tender the contract of sale for G3, UK until well after it was entered into. 

4. In the circumstances, and in the exercise of my discretion I do not propose to receive this letter.  I do not see prejudice to the husband arising from this ruling.

I certify that the preceding four (4) paragraphs are a true copy of the Ruling of the Honourable Justice Guest.

Associate: 

Date:  24 August 2007.