ZARIF & BENT

In *Zarif & Bent*, the father sought leave from Forrest J of the Family Court of Australia to rely upon a further affidavit in response to the mother's affidavit of evidence in chief. The dispute concerned the admissibility of this additional evidence at trial.

The central legal issue before the court was whether the father should be permitted to introduce his further affidavit, notwithstanding prior trial directions that had specifically limited the reliance on affidavits. The court was required to consider whether the circumstances warranted departing from those directions.

Forrest J reasoned that the allegations contained in the mother's trial affidavit were substantially present in earlier filed materials. Consequently, the father could reasonably have anticipated these allegations and addressed them in his own trial affidavit. His Honour concluded that granting leave would be contrary to the established trial directions and dismissed the father's application.