Walmsley and Walmsley (No 3)

In *Walmsley and Walmsley (No 3)*, Strickland J of the Family Court of Australia considered applications by both the wife and the husband concerning children's issues and property settlement. The proceedings involved the filing and service of affidavits of evidence in chief from the parties and their respective mothers, as well as amended applications and responses detailing the final orders sought by each party.

The primary legal issue before the court was whether the circumstances of the case were exceptional, justifying the application of the rules of evidence as referred to in s 69ZT(1) of the *Family Law Act 1975*. This determination was crucial for the conduct of the proceedings and the admissibility of evidence.

Strickland J found that the circumstances were indeed exceptional, particularly due to the nature of the issues in dispute, and therefore ordered that the rules of evidence under s 69ZT(1) would apply. The court also directed the parties to file and serve their respective affidavits and amended applications/responses by 4:00 pm on 10 August 2009. The case was subsequently adjourned part-heard to 9:00 am on 24 August 2009, with a time estimate of one hour.