Rennie and Rennie

In the matter of *Rennie and Rennie*, Forrest J considered an application by the Husband to re-open his case in property adjustment proceedings that had concluded on 3 February 2017. The Husband sought leave to rely on further evidence contained in an affidavit filed on 7 April 2017, specifically certain paragraphs and annexures relating to financial and medical information.

The primary legal issue before the court was whether to grant the Husband leave to re-open his case and admit the additional evidence. This involved considering the principles governing the re-opening of cases and the admission of fresh evidence after the conclusion of a trial, particularly in the context of family law property adjustment proceedings. The court also had to determine the procedural steps required to allow the Wife to respond to the new evidence, including the possibility of cross-examination and the filing of further submissions.

Forrest J granted the Husband leave to re-open his case and to rely on specific portions of his affidavit and its annexures. The court also made directions regarding the Wife's ability to cross-examine the Husband and a psychiatrist concerning the new evidence, setting deadlines for notification of intent to cross-examine. If no cross-examination was intended, further written submissions were to be filed by both parties within specified timelines. Additionally, certain interim orders were discharged, and the Wife was appointed as the sole trustee for the sale of specific vehicles owned by the C Trust, with directions regarding the handling of sale proceeds and lease payments. An existing order concerning water licences was also varied for clarity.