Selwood and Selwood (No. 2)

In *Selwood & Selwood (No. 2)*, the Family Court of Australia considered an application by the wife, Ms Selwood, seeking leave to reopen her evidence in final property proceedings against the husband, Mr Selwood. The application was made towards the end of the husband's case, after the wife had already closed hers.

The central legal issue before the court was whether the interests of justice required granting the wife leave to reopen her case to adduce fresh evidence. This involved considering the timing of the application, the nature of the proposed evidence, and the potential prejudice to the husband.

Justice Dawe applied the principle that decisions on reopening a case and admitting fresh evidence must weigh the interests of justice, considering whether the evidence, if believed, would affect the outcome of the proceedings. The court noted that the proposed evidence related to recent events concerning the husband's cessation of business and commencement of new employment, which the wife argued was significant for determining the parties' financial resources. Given the recent nature of the material and the delays in the trial, the court found that admitting the evidence would not likely cause substantial prejudice to the husband, beyond the risk of extending the trial.

Consequently, the court granted the wife leave to reopen her case to call Mr G as a witness and to include the subpoenaed documents, finding it to be in the interests of justice.