STRAHAN & STRAHAN

In the matter of *Strahan & Strahan*, the husband sought to cross-examine the wife on her affidavit evidence filed in support of an interim application. The application was scheduled to be heard before Dawe J.

The central legal issue before the Court was whether the husband was entitled to cross-examine the wife on her affidavit evidence at the interim stage of the proceedings.

Dawe J determined that cross-examination on affidavit evidence at an interim hearing is not a right but a privilege, to be granted only where the interests of justice require it. His Honour considered that the affidavit evidence provided by the wife was sufficient for the determination of the interim application and that the husband had not demonstrated a need for cross-examination to properly present his case or to challenge the wife's evidence. Consequently, the Court found that it was not in the interests of justice to permit cross-examination at this stage.

The husband was therefore not required to cross-examine the wife on her affidavit evidence for the interim application.