WAO & CHOU

The Full Court of the Family Court of Australia considered an appeal by the husband against an order made by McClelland J. The husband sought to rely on an affidavit sworn by his solicitor, dated 27 June 2018, in support of his application.

The central legal issue before the Full Court was whether the husband should be permitted to adduce the solicitor's affidavit as evidence. This involved an assessment of the admissibility of such evidence and the application of Rule 11.03 of the Family Law Rules 2004, which governs the use of affidavits.

McClelland J dismissed the husband's application to rely on the solicitor's affidavit. The Full Court upheld this decision, implicitly finding that the affidavit was not admissible or that its admission would not be in accordance with the Family Law Rules. The reasoning behind this dismissal was not detailed in the provided text, but it indicates a strict application of the rules regarding evidence in family law proceedings.

Consequently, the husband's appeal was dismissed, and the order of McClelland J was affirmed.