Yew and Lin and Anor

In the matter of Yew and Lin and Anor, Johns J of the Family Court of Australia considered whether to refer documents to the Commonwealth Director of Public Prosecutions for consideration of charges against the husband for giving false evidence or fabricating evidence in proceedings Number MLC 3498 of 2014.

The central legal issue before the Court was whether there was sufficient evidence to warrant a referral for potential prosecution of the husband for offences related to the administration of justice, specifically concerning the integrity of evidence presented to the Court.

Johns J ordered that copies of the Court's orders, the Reasons for Judgment dated 6 November 2015, the husband's affidavit filed 7 September 2015, exhibits R1 to R5, and documents produced under subpoena by the Department of Immigration be forwarded to the Commonwealth Director of Public Prosecutions. This referral was for the purpose of considering whether the husband should be charged with and prosecuted for any offence in connection with the giving of false evidence or fabricating evidence.