Stein and Jacobova

In the matter of *Stein and Jacobova*, heard before Cronin J, the dispute concerned the admissibility of evidence in proceedings under the *Family Law Act 1975* (Cth). The specific issue before the court was whether certain evidence, previously tendered by the parties, was subject to the provisions of the *Evidence Act 1995* (Cth).

The court was required to determine the application of the *Evidence Act 1995* (Cth) to evidence presented in family law proceedings, particularly in light of section 69ZT(3) of the *Family Law Act 1975* (Cth). This involved considering the scope and effect of that legislative provision in governing the admissibility of evidence.

Cronin J reasoned that section 69ZT(3) of the *Family Law Act 1975* (Cth) operates to ensure that all evidence tendered between the parties in these proceedings is governed by the rules of evidence as set out in the *Evidence Act 1995* (Cth). The court applied the principle that where a specific legislative provision mandates the application of a general evidentiary code, that code will apply accordingly.

Accordingly, the court ordered that pursuant to s 69ZT(3) of the *Family Law Act 1975* (Cth), all evidence between the parties shall be subject to the *Evidence Act 1995* (Cth).