Srbinovska and Srbinovska
Case
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[2012] FamCA 249
•3 April 2012
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AGLC
Case
Decision Date
Srbinovska and Srbinovska [2012] FamCA 249
[2012] FamCA 249
3 April 2012
CaseChat Overview and Summary
In the matter of *Srbinovska and Srbinovska*, heard before Le Poer Trench J, the husband sought leave to reopen his case to adduce further evidence. The wife was also in attendance at court, and a second respondent was involved in relation to the application.
The primary legal issue before the court was whether the husband should be granted leave to reopen his case to read two specific affidavits. This involved considering the circumstances under which a party might be permitted to present evidence after the close of their case.
Le Poer Trench J granted the husband leave to reopen his case for the purpose of reading the affidavits sworn by himself and his solicitor. The court ordered that the husband pay the wife's costs of her attendance at court on that day. The costs of the second respondent in relation to this application were reserved pending the determination of other outstanding interlocutory proceedings.
The primary legal issue before the court was whether the husband should be granted leave to reopen his case to read two specific affidavits. This involved considering the circumstances under which a party might be permitted to present evidence after the close of their case.
Le Poer Trench J granted the husband leave to reopen his case for the purpose of reading the affidavits sworn by himself and his solicitor. The court ordered that the husband pay the wife's costs of her attendance at court on that day. The costs of the second respondent in relation to this application were reserved pending the determination of other outstanding interlocutory proceedings.
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Areas of Law
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Family Law
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Civil Procedure
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