Waverley and Labelle

This matter concerned objections to evidence raised by the husband in proceedings between the husband and wife. The proceedings were before Bennett J of the Family Court of Australia.

The primary legal issues before the Court were the admissibility of certain evidence tendered by the wife, and the implications of an undertaking given by the wife to the Supreme Court of New South Wales regarding documents obtained from a telephone. The Court was also required to consider the impact of section 102NA(2) of the *Family Law Act 1975* concerning personal cross-examination by litigants in person.

Bennett J made several orders regarding the objections to evidence. The first line of paragraph 70 of the wife's affidavit was struck out, while objections to paragraphs 71 and 73 of the same affidavit were disallowed. Other objections were reserved for consideration on the first day of trial. The Court also directed that if the wife sought to rely on any relaxation or variation of her undertaking to the Supreme Court of New South Wales, or obtained permission to use documents from those proceedings, she must provide evidence of such to the other parties prior to trial. The Court noted that both parties understood the provisions of section 102NA(2) of the *Family Law Act 1975* and confirmed they would both appear in person and cross-examine each other personally. The matter was listed for a final hearing on 21 October 2019, with a Family Dispute Resolution Service mediation scheduled for the week commencing 14 October 2019.