Cooper & Oakley [2012] FamCAFC 186 – 09/11/2012

CATCHWORDS:

FAMILY LAW – APPEAL – Application to adduce further evidence – where the appellant sought to adduce further evidence – where the appellant had served an affidavit containing that evidence on the other parties – where, contrary to the Family Law Rules 2004, the appellant did not serve an application to adduce further evidence with that affidavit – where an application was served on the day of appeal hearing – where that application was not in the form prescribed by the Family Law Rules 2004 – where the evidence sought to be adduced was of a similar nature to that before the Federal Magistrate at first instance – application to adduce further evidence refused.


NOTE: The period for seeking special leave to appeal to the High Court has not expired.