Tindle and Thomas (No 2)

In *Tindle and Thomas (No 2)*, the Honourable Justice Cronin of the Federal Circuit and Family Court of Australia was required to determine the application of the *Evidence Act 1995* (Cth) to proceedings before the court. The specific context of this determination arose from an application made by the parties concerning the admissibility of evidence.

The central legal issue before the court was whether the provisions of the *Evidence Act 1995* (Cth) were to apply to the proceedings, notwithstanding any potential contrary implications from other legislation or rules. This required an interpretation of section 69ZT(3) of the *Family Law Act 1975* (Cth).

Justice Cronin reasoned that section 69ZT(3) of the *Family Law Act 1975* (Cth) expressly mandated the application of the *Evidence Act 1995* (Cth) to the proceedings. The court therefore concluded that the *Evidence Act 1995* (Cth) was indeed applicable.

Accordingly, the court ordered that in accordance with section 69ZT(3) of the *Family Law Act 1975* (Cth), the provisions of the *Evidence Act 1995* (Cth) shall apply to these proceedings.