SALAMAT & SOURI

In *Salamat & Souri*, the Family Court of Australia considered an application by the wife for the appointment of a single expert witness. This application arose in circumstances where previous orders had directed the appointment of a single expert to provide evidence on overseas divorce and related matters. The wife had nominated three experts, from whom the husband selected one. However, difficulties had arisen in instructing this expert, who was based overseas, and the trial was imminent. The wife therefore sought the appointment of a different single expert, who was based in Australia.

The primary legal issue before the Court was whether to grant the wife's application to appoint a new single expert witness, specifically Associate Professor C, in lieu of the expert previously selected by the husband. This involved considering the purpose of the Family Law Rules 2004 (Cth) in ensuring just and timely resolutions, the practical difficulties encountered with the overseas expert, and the qualifications of the proposed new expert. The Court also had to address objections raised by the husband regarding the clarity of the original orders and the suitability of an academic over a practising lawyer.

Justice Macmillan reasoned that the existing difficulties in instructing the overseas expert, particularly concerning translation and communication, posed a significant risk of frustrating the imminent trial. The Court noted that the original orders had not been made by consent and no appeal had been lodged. While the husband raised an objection to the proposed expert being an academic rather than a practising lawyer, this objection was raised for the first time on the day of the hearing. The Court was satisfied, based on the provided documentation, that Associate Professor C possessed substantial qualifications and experience in relevant areas of law, including Islamic law and Middle Eastern law. The Court concluded that appointing an English-speaking expert resident in Australia would facilitate the timely and cost-effective resolution of the matter, avoiding potential disputes over translation and streamlining the evidence process.

Consequently, the Court ordered the appointment of Associate Professor C as the single expert witness pursuant to r 15.45 of the Family Law Rules 2004 (Cth). The wife's costs of and incidental to her application were reserved, and her application in a case filed on 28 June 2018 was otherwise dismissed.