Nepean & Treloar 2010 FamCA 781

A solicitor for a mother had provided material to a family consultant without the joint agreement of both parties so the father was not informed about the material and did not have an opportunity to respond to the material (decision joint).

The judge found that the procedure used to pass information to the expert had denied the father an opportunity to respond to allegations contained within the material.

The consultant’s report was declared inadmissible evidence.