Packer and Fulton

Case

[2012] FamCA 258

28 March 2012


Details
AGLC Case Decision Date
Packer and Fulton [2012] FamCA 258 [2012] FamCA 258 28 March 2012

CaseChat Overview and Summary

In *Packer and Fulton*, heard by Kent J, the applicant sought leave to adduce further evidence orally concerning alleged sexualised behaviour by the subject child.

The central legal issue before the court was whether to grant the applicant leave to present this additional evidence orally.

Kent J refused the application, determining that the proposed further evidence was not admissible. The court applied principles relating to the adducing of further evidence, particularly in circumstances where it is sought late in proceedings and concerns sensitive allegations.

The court ordered that the applicant's request for leave to adduce further evidence orally in relation to alleged sexualised behaviour by the subject child be refused.
Details

Areas of Law

  • Civil Procedure

  • Family Law

Legal Concepts

  • Appeal

  • Procedural Fairness

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