WARSOW & WARSOW

In the matter of *Warsow & Warsow*, Justice Ryan of the Family Court of Australia considered an application by the father concerning expert evidence in proceedings involving the parties' child, J. The dispute centred on the admissibility and nature of expert evidence, particularly regarding the cognitive capacity of children and the potential contamination of their evidence.

The court was required to determine whether to dismiss the father's application to appoint a second single expert witness, Dr B, given that a single expert, Dr M, had already been appointed. Additionally, the court had to consider whether, in the interests of justice and consistent with the Family Law Rules 2004, the father should be granted leave to adduce evidence from another expert, Dr B, as part of his case. The court also addressed the mother's ability to call evidence from Ms G and Ms O, and the procedure for serving and adducing such evidence.

Justice Ryan dismissed the father's application to appoint Dr B as a single expert, reasoning that the rules contemplate only one single expert on any given issue, and Dr M had already been appointed. However, the court granted the father leave to file an affidavit from Dr B addressing specific topics: the cognitive capacity of children of J's age, the contamination of young children's evidence through leading questions, and the impact of multiple interviews on such evidence. The court found that Dr B possessed prima facie relevant qualifications and expertise on these matters, satisfying the requirements of the rules for adducing evidence from another expert. The court also made orders regarding the disclosure of interview notes taken by a Family Consultant and permitted the mother to call evidence from Ms G and Ms O, with provisions for the service of their evidence.