Huffman & Gorman 2014 FamCA 150

A question arose about how to manage a recording that one parent wanted to submit to a single expert witness.  A father had recorded conversations that he alleged contained threats to him, and he produced 1000 pages of transcripts.  The mother was not aware that the recordings were being made at the time.

The parties disputed the integrity of the recordings.  The mother argued that the recordings should not be provided to the single expert as a single expert is unable to make determinations of fact and providing recorded material would place the expert into a difficult position.  The mother argued that all material that is planned as evidence should be first submitted to lawyers to determine the admissibility of the material.

The judge ordered that the father be restrained from providing the recorded material directly to the single expert.