WU & HUANG

In the matter of WU & HUANG, heard before Judge Scarlett, the dispute concerned parenting orders. The applicant sought to amend the return date on service copies of an application, and the matter was re-listed for further hearing.

The central legal issue before the Court was the admissibility of an affidavit sworn by a child in parenting proceedings. Specifically, the Court was required to determine whether an affidavit from a child could be considered by the Court in the absence of a specific order permitting the child to swear such an affidavit.

Judge Scarlett determined that an affidavit sworn by a child, without prior leave of the Court, must not be read. This decision reflects the principle that the Court must control the evidence presented in parenting proceedings to ensure it is obtained and presented appropriately, particularly when it involves children. The Court's primary concern is the welfare of the child, and this includes ensuring that any evidence from a child is gathered in a manner that is sensitive to their age and circumstances, and with the Court's explicit authorisation.

The Court ordered that the application be re-listed for Tuesday 8 April 2014 at 10:00 am before Judge Scarlett, and granted the applicant leave to amend the return date on the service copies of the application.