Perkins and Perkins

In the Family Court of Australia at Melbourne, Mr. Perkins, the applicant husband, sought to attend the trial of his matter against Mrs. Perkins, the respondent wife, by telephone. The trial was listed to commence on Monday, 22 January 2007. The husband, who represented himself, was in Queensland, while the wife and children resided in Melbourne. The independent children's lawyer was also a party to the proceedings.

The primary legal issue before the court was whether the husband's application to attend the trial by telephone should be granted. This involved considering the provisions of the Commonwealth Evidence Act regarding attendance by electronic means, as well as the practical difficulties and potential prejudice to the proceedings and the assessment of evidence. The court also had to consider the Family Law Rules concerning applications for attendance by electronic communication and the specific circumstances of the case, including the fact that the husband's credit was in issue.

Justice Brown dismissed the husband's application, finding that it was not feasible for the trial to be properly conducted with the husband appearing by telephone. The court noted the significant practical problems associated with a party attending a trial electronically, particularly when unrepresented, including the inability to inspect documents, consult with others, or have their demeanour assessed. The court also highlighted the Full Court's caution regarding telephone evidence when credit is in issue, and the fact that the independent children's lawyer strongly opposed the application on this basis. The court concluded that the husband must attend the trial in person in Melbourne.