Trevi & Trevi (No 3)

The case of *Trevi & Trevi (No 3)* concerned an application by the respondent husband for leave to adduce further evidence in proceedings for property adjustment under section 79 of the *Family Law Act 1975* (Cth). The applicant wife opposed this application. The proceedings were heard by Thornton J in the Federal Circuit and Family Court of Australia.

The central legal issue before the court was whether the husband should be granted leave to adduce certain financial documents and an affidavit from a third party, which had not been disclosed in accordance with the Family Law Rules 2004 (Cth). This required the court to consider the admissibility of this evidence, particularly in light of sections 55 and 135 of the *Evidence Act 1995* (Cth), and the court's discretion to permit late disclosure and admission of evidence under the Family Law Rules.

Thornton J applied the principles governing the admission of late evidence in family law proceedings. The court considered the relevance of the proposed evidence, its probative value, and the potential prejudice it might cause to the wife. The court also weighed the importance of ensuring a just and equitable outcome under section 79 of the *Family Law Act 1975* (Cth) against the need for procedural fairness and adherence to the rules of evidence and procedure. The court noted that while the *Evidence Act 1995* (Cth) and the *Family Law Rules 2004* (Cth) provide a framework for admissibility, the court retains a broad discretion to ensure that all relevant material is considered, provided it can be done without undue delay or prejudice.

The court ultimately granted the husband leave to adduce the further evidence, subject to certain conditions regarding its disclosure and the wife's opportunity to respond. The court found that the evidence was relevant and potentially probative to the property adjustment claim, and that the prejudice to the wife could be managed.