Sandwell and Sandwell

Case

[2019] FamCA 320

3 May 2019


Details
AGLC Case Decision Date
Sandwell and Sandwell [2019] FamCA 320 [2019] FamCA 320 3 May 2019

CaseChat Overview and Summary

In the matter of *Sandwell and Sandwell*, heard before Cleary J, the father sought leave to adduce evidence from Dr H concerning his mental health, contained within a report dated 2 April 2019. The wife's application pursuant to s 90K of the *Family Law Act 1975* was also before the court.

The primary legal issues before the court were whether to grant the father leave to adduce the report from Dr H, and how to manage the process of expert evidence and the listing of the hearing. The court was also required to consider the practical arrangements for the case, including expert conferences and hearing dates.

Cleary J granted the father leave to adduce evidence from Dr H, specifically limited to the father's mental health. The court further ordered that the single expert, Dr C, confer with Dr H, with the costs of this conference to be borne by the father. The Independent Children’s Lawyer was directed to provide copies of the orders and reasons to both experts. The court anticipated the hearing of the wife's application would be listed for two days commencing 25 July 2019, with the parties to confirm their availability at a directions hearing on 15 May 2019. Any disagreements regarding the expert conference or hearing dates were to be addressed by relisting the matter on short notice.
Details

Areas of Law

  • Family Law

  • Evidence

  • Civil Procedure

Legal Concepts

  • Expert Evidence

  • Costs

  • Procedural Fairness

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Cases Citing This Decision

0

Cases Cited

3

Statutory Material Cited

4

WARSOW & WARSOW [2009] FamCA 1037
Hillier and Wooton [2016] FamCA 217
Bowen & Williams [2015] FamCA 545