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.
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
Key Legal Topics
Areas of Law
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Civil Procedure
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Family Law
Legal Concepts
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Appeal
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Procedural Fairness
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Citations
Packer and Fulton [2012] FamCA 258
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