Sturton and Cellar (No 2)
Case
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[2020] FamCA 833
•9 July 2020
Details
AGLC
Case
Decision Date
Sturton and Cellar (No 2) [2020] FamCA 833
[2020] FamCA 833
9 July 2020
CaseChat Overview and Summary
In the matter of *Sturton and Cellar (No 2)*, Forrest J of the Federal Circuit Court of Australia considered an application by the father for leave to rely on an additional affidavit in his evidence in chief, and the mother's objection to the father relying on her affidavit of evidence in chief.
The central legal issues before the court were whether the father should be granted leave to adduce further evidence beyond his initial affidavit, and whether the mother's objection to the father relying on her affidavit was valid. These issues arose in the context of an ongoing trial.
Forrest J granted the father leave to read and rely upon his affidavit filed on 26 November 2018, in addition to his affidavit filed on 3 July 2020, as his evidence in chief. The court also overruled the father's objection to the mother relying on her affidavit of evidence in chief filed on 6 July 2020.
The central legal issues before the court were whether the father should be granted leave to adduce further evidence beyond his initial affidavit, and whether the mother's objection to the father relying on her affidavit was valid. These issues arose in the context of an ongoing trial.
Forrest J granted the father leave to read and rely upon his affidavit filed on 26 November 2018, in addition to his affidavit filed on 3 July 2020, as his evidence in chief. The court also overruled the father's objection to the mother relying on her affidavit of evidence in chief filed on 6 July 2020.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
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Family Law
Legal Concepts
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Procedural Fairness
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Appeal
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