Stierford and Stierford

Case

[2009] FamCA 584

1 July 2009


Details
AGLC Case Decision Date
Stierford and Stierford [2009] FamCA 584 [2009] FamCA 584 1 July 2009

CaseChat Overview and Summary

In the matter of *Stierford and Stierford*, heard before Barry J, the primary dispute concerned an application by the Husband for permission for his sister, Ms B, to give evidence electronically at the trial. The Husband also sought permission for his brother, Mr A Stierford, to give evidence electronically.

The court was required to determine whether to grant permission for Ms B to provide evidence by electronic communication, and whether to grant permission for Mr A Stierford to do the same. These applications were made in the context of a broader family law proceeding.

Barry J granted permission for Ms B to give evidence electronically, but imposed conditions. These conditions required Ms B to provide bank documents demonstrating the repayment of any moneys loaned personally to the Husband and/or M Company in 2003, as well as tax returns from the United Kingdom showing the disclosure of any interest received on such loans as taxable income. The application for Mr A Stierford to provide evidence electronically was dismissed.
Details

Areas of Law

  • Family Law

  • Evidence

  • Civil Procedure

Legal Concepts

  • Expert Evidence

  • Procedural Fairness

  • Appeal

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