Syms v Syms (No 2)

In *Syms v Syms (No 2)*, heard in the Family Court of Australia at Newcastle, the Court considered an objection to affidavit evidence filed by a psychiatrist. The dispute concerned the admissibility of this expert evidence within the context of family law proceedings.

The primary legal issue before the Court was whether the affidavit evidence of the psychiatrist was admissible, particularly in light of the Family Law Rules 2004 (Cth). Specifically, the Court had to determine if the evidence complied with the requirements for expert witnesses, especially where the deponent had not been appointed as a single expert witness and the evidence fell outside the scope of Rule 15.41. The objection was directed at specific paragraphs of the affidavit, namely paragraphs 2-8 and 11, 12.

Cleary J upheld the objection to the affidavit evidence. The Court reasoned that the evidence did not meet the necessary criteria for admissibility under the Family Law Rules, particularly concerning the appointment and role of single expert witnesses. The Court found that it would be unwise to rely on the remaining evidence presented, implying that the inadmissible evidence was significant to the overall evidentiary picture. Consequently, the Court ordered that the objection be upheld.