Richards and Whipp (No 2)

Case

[2011] FamCA 142

16 February 2011


Details
AGLC Case Decision Date
Richards and Whipp (No 2) [2011] FamCA 142 [2011] FamCA 142 16 February 2011

CaseChat Overview and Summary

In *Richards and Whipp (No 2)*, heard by Watts J, the mother sought leave to re-open the case after the hearing had concluded but before judgment was delivered. The dispute concerned the admission of further evidence, specifically email correspondence between the mother and an Israeli attorney, Mr Ed Freedman, regarding his retainer and attendance at the trial.

The primary legal issue before the court was whether to grant the mother leave to re-open the case to admit this further evidence. A secondary issue arose concerning an oral application by the father to inspect the child L’s passport, which was held by the mother’s lawyer.

Watts J granted the mother leave to re-open the trial for the purpose of admitting the email correspondence. The court also granted the father leave to make an oral application to inspect L’s passport, but subsequently dismissed that application. The costs of the day were reserved for each party.
Details

Areas of Law

  • Family Law

  • Civil Procedure

  • Evidence

Legal Concepts

  • Costs

  • Procedural Fairness

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Cases Citing This Decision

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Cases Cited

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Statutory Material Cited

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Reid v Brett [2005] VSC 18