Ralston and Bakker (No 3)

In *Ralston and Bakker (No 3)*, Fowler J of the Family Court of Australia considered an application by the wife to rely on affidavit material sworn and filed after the proceedings had been adjourned part-heard in March 2013. The husband objected to the admission of this late-filed evidence.

The central legal issue before the Court was whether to permit the wife to adduce further affidavit evidence, and if so, to what extent, given the potential prejudice to the husband arising from its late filing and service. The Court was required to balance the wife's desire to present this material against the husband's right to a fair trial and adequate opportunity to respond.

Fowler J reasoned that while some of the late-filed affidavits could be admitted, it was necessary to consider the prejudice to the husband. The Court allowed the wife to rely on two specific affidavits, one from Ms O (subject to her availability for cross-examination) and another from Dr V. However, the application to admit any further affidavit evidence was dismissed on the grounds that it was filed too late and its admission would be unduly prejudicial to the husband.