Dyer v Chrysanthou [2021] FCA 578

The affidavit evidence should be admitted as it is central to the issues, necessary for justice, and any prejudice to the respondent can be accommodated through procedural directions such as issuing subpoenas or granting an adjournment.

Parties: Applicant: Joanne Elizabeth Dyer; First Respondent: Sue Chrysanthou; Second Respondent: Charles Christian Porter
Jurisdiction: Australia
Judgment Date: 24 May 2021
Procedural Posture: Interlocutory Application / Objection to Admissibility of Affidavit Evidence
Outcome: Objection to affidavit evidence overruled; affidavit admitted
Legal Topics: Admissibility of Evidence, Discretion to Exclude Evidence, Forensic Fairness, Confidential Information

Evidence Admissibility of Evidence Discretion to Exclude Evidence Forensic Fairness Confidential Information

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Parties

Joanne Elizabeth Dyer

Applicant

Sue Chrysanthou

First Respondent

Charles Christian Porter

Second Respondent

Procedural Posture

Interlocutory Application / Objection to Admissibility of Affidavit Evidence

Legal Issues

1 Whether the second affidavit of Mr James Royce Murray Hooke should be admitted into evidence
2 Whether the discretion under s 135(a) of the Evidence Act 1995 (Cth) should be exercised to exclude the affidavit

Ratio Decidendi

Court Disposition

Objection to affidavit evidence overruled; affidavit admitted

Orders

The affidavit of Mr James Royce Murray Hooke sworn 21 May 2021 is allowed to be filed and read, subject to any specific objections.