Jeffreys & Bosnic (No 2) 2015 FamCA 594

One party wanted to submit statements from witnesses whose evidence was not an affidavit and was not in the form of a statement.  The judge considered that a statement by one doctor was intended to contract evidence from the appointed single expert witness in the case (adversarial expert).

A second witness wanted to submit information about abnormal behaviour observed by him some time ago about an issue that had not been raised before, where the relevance of the behaviour was unclear to the judge, and where the informant had not been interviewed by the family consultant.

The judge ruled the information inadmissible and the witnesses were not permitted to be called.