Shelby & Rylan

Case

[2021] FamCA 319

11 May 2021


Details
AGLC Case Decision Date
Shelby & Rylan [2021] FamCA 319 [2021] FamCA 319 11 May 2021

CaseChat Overview and Summary

In the matter of *Shelby & Rylan*, Ms Shelby was the applicant and Mr Rylan was the respondent. The proceedings concerned an application for leave to adduce expert evidence.

The primary legal issue before the Court was whether to grant the respondent leave to adduce expert evidence from Mr D, and if so, under what conditions. The Court also considered the implications for the applicant in responding to such evidence and the potential for expert conferencing.

Justice Hogan J granted the respondent leave to adduce specific parts of Mr D's reports, subject to the filing and service of an affidavit exhibiting these reports and Mr D's curriculum vitae by a specified date. The Court further ordered that if the applicant intended to rely on evidence in response, this should be filed and served by a subsequent date. If the applicant filed such evidence, the parties were to arrange for Mr D and the applicant's expert to confer and file a joint statement outlining their areas of agreement and disagreement.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Expert Evidence

  • Procedural Fairness

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