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The Court's Power to Reject Affidavits When the Maker is Called to Give Evidence & The Consequence of Non-Disclosure in Property Matters

Held: in dismissing the appeal

 

(per Kay and Dawe JJ, Finn J agreeing)

 

• Moore J had a discretion under Order 16 Rule 10 of the Family Law Rules which allowed her to exclude affidavits from witnesses who were not available for cross-examination. There is no inconsistency between Order 16 Rule 10 and the Evidence Act 1995 (Cth). There was no reason shown for the Full Court to interfere with her Honour's exercise of that discretion.

• In circumstances where there has not been full and frank disclosure of financial circumstances by a party, it is open to a Court to find that an indeterminate undisclosed amount is held by one of the parties and to make property orders without reference to an overall pool.

Posted in: Derek Legal Blog at 28 April 20

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