Sigley and De Santis & Ors (No 3)

This matter concerned an application by the applicant, Sigley, for leave to rely on certain expert affidavits in proceedings against the respondents, De Santis & Ors. The dispute involved the admissibility of these affidavits, which the applicant sought to use in the Family Court of Australia.

The central legal issue before the Court was whether to grant the applicant leave to rely on the affidavits of Mr C, affirmed on 16 April 2020 and 4 September 2020, despite potential non-compliance with the rules governing expert evidence, specifically Chapter 15 of the Family Law Rules 2004 (Cth). The Court was required to consider the exercise of its discretion in allowing such evidence.

Justice Wilson determined that Rule 1.12 of the Family Law Rules 2004 (Cth), which deals with the Court's general power to abridge or extend time and to give directions, prevailed over the specific requirements of Chapter 15 concerning expert evidence. The Court exercised its discretion to grant the applicant leave to rely on the affidavits in question. The applicant was granted leave to rely on the affidavits of Mr C affirmed on 16 April 2020 and 4 September 2020, subject to the formal entry of the order.