Sebastian & Sebastian (No 2)

In the Family Court of Australia, Ms. Sebastian (the applicant) and Mr. Sebastian (the respondent) were engaged in proceedings concerning financial matters. The dispute before the court specifically concerned the admissibility of an affidavit sworn by a chartered accountant, Mr. F, and its accompanying report and annexures, which had been prepared on the instructions of the applicant.

The primary legal issue before the court was whether the affidavit, report, and annexures of Mr. F were admissible as evidence, despite objections raised by the respondent. These objections related to the admissibility of the evidence, the opinions expressed within the report, and the content of certain documents annexed to the affidavit, which were alleged to breach the Commonwealth Evidence Act and Family Law Rule 15.12. The respondent also argued that the documents were voluminous and did not comply with procedural rules.

Justice Young, in his ex tempore reasons, acknowledged the respondent's objections and the non-compliance with Family Law Rule 15.12. However, he found that the respondent had had a more than reasonable opportunity to examine the report and had exhaustively responded to it in a reply affidavit. The court considered the chain of correspondence and previous orders that indicated the report's use in discussions and mediation. Given the stage of the trial, the relevance of the report to various financial issues, and the husband's comprehensive response which demonstrated familiarity with the report and ensured no impingement on natural justice, the court ruled that the use of and reliance upon Mr. F's report and its annexures would be permitted.