Oxley & Oxley (No. 2)

[2021] FCCA 1708

FEDERAL CIRCUIT COURT OF AUSTRALIA

Oxley & Oxley (No. 2) [2021] FCCA 1708

File number(s):	BRC 10038 of 2020
Judgment of:	JUDGE COATES
Date of judgment:	24 February 2021
Catchwords:	FAMILY LAW – evidence – final hearing ruling.
Number of paragraphs:	13
Date of last submission/s:	24 February 2021
Date of hearing:	24 February 2021
Place:	Brisbane
Solicitor for the Applicant:	Towns Wilson Lawyers
Counsel for the Respondent:	Mr K. Wilson QC
Solicitor for the Respondent:	Journey Family Lawyers

BRC 10038 of 2020

BETWEEN:

MS OXLEY

Applicant

AND:

MR OXLEY

Respondent

Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.

IT IS NOTED that publication of this judgment under the pseudonym Oxley & Oxley (No 2) is approved pursuant to s.121(9)(g) of the Family Law Act 1975 (Cth).

REASONS FOR JUDGMENT

This judgment was delivered orally and has been corrected for written comprehension.
JUDGE COATES:

1. The husband is under cross-examination.

2. The wife claims that she paid a $10,000 deposit for a house which was purchased.

3. The husband says he has got no recollection of that.

4. The wife made the statement in her affidavit.

5. There was no supporting document to show a transfer of $10,000.

6. In the middle of cross-examination, the court is told that a computer screen can be viewed to show a receipt.

7. That is objected to on the basis of fairness and that the case to be met by the husband in answer to the wife’s application was prepared on the basis of what has been put into evidence.

8. It is put in the wife’s case that at no time was she asked to provide such evidence.

9. I do not accept that.

10. This was a major plank of the wife’s case – $10,000 is not a small amount of money.

11. If there was a receipt, which would prove conclusively that she did pay this $10,000, it should have been exhibited by way of corroborating evidence as all of these sorts of important claims ought to be.

12. On that basis, I am not admitting it at this stage.

13. Further, there was no late application that such be admitted other than in the middle of cross-examination.

I certify that the preceding thirteen (13) numbered paragraphs are a true copy of the Reasons for Judgment of Judge Coates.

Associate:

Dated:       26 July 2021