Seaton and Seaton

In the matter of *Seaton and Seaton*, Benjamin J of the Family Court of Australia considered an application by Mr B Seaton (referred to pseudonymously) for a certificate under section 128 of the *Evidence Act 1995* (Cth). The dispute concerned issues arising from consent orders made on 11 July 2017, specifically relating to the adequacy of asset and liability disclosures and the circumstances leading to those orders.

The primary legal issue before the court was whether to grant Mr Seaton a certificate under section 128 of the *Evidence Act 1995* (Cth) to enable him to file and serve an affidavit addressing specific matters. These matters included the adequacy of the asset and liability list in the application for consent orders and his role in relation to those disclosures, as well as his response to assertions made by the wife regarding the circumstances surrounding the making of the consent orders.

Benjamin J reasoned that the interests of justice required Mr Seaton to have the opportunity to present his evidence on these critical issues. The court applied the principles of procedural fairness and the evidential provisions of the *Evidence Act 1995* (Cth) to allow for the disclosure of information that might otherwise be protected. The court issued a certificate in favour of Mr Seaton, directing him to file and serve an affidavit addressing the specified matters by 17 December 2018. The costs of all parties were reserved, and directions were given for the service of the affidavits and the placement of the reasons for the orders on the court file. The court also certified that it was reasonable to engage Senior Counsel and Counsel.