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.
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
Key Legal Topics
Areas of Law
-
Family Law
-
Civil Procedure
Legal Concepts
-
Expert Evidence
-
Procedural Fairness
Actions
Download as PDF
Download as Word Document
Citations
Shelby & Rylan [2021] FamCA 319
Cases Citing This Decision
0
Cases Cited
0
Statutory Material Cited
3