FAMILY LAW
APPLICATION IN AN APPEAL PROPERTY EXPERT
EVIDENCE Consideration of Part 15.5 of the Family Law Rules 2004 (Cth)
Where the primary judge refused permission under r 15.49 for expert evidence oth r
than the single expert but extended the time periods for a conference (r 15.64B) and
questions to the single expert (r 15.65) Whether the applicants have established “a
substantial body of opinion contrary to” the opinion of the single expert or “special
reason” within the meaning of r 15.49(2) Interpretation and application of the
expert evidence rules.
FAMILY LAW
APPLICATION IN AN APPEAL LEAVE TO APPEAL Where
the orders from which leave to appeal is sought are a discretionary decision as to a
matter of practice and procedure Whether any discretionary error was made by the
primary judge Whether there is any basis for the grant of leave to appeal Where
the procedures for clarifying the single expert’s opinions had not been employed in
advance of the application determined by the primary judge or the application for
leave to appeal Where on the proper interpretation of the applicable expert evidence
rules there is no discretionary error demonstrated Leave to appeal refused
applicants t o pay the respondent’s costs.

Salmon and Ors & Salmon [2020] FamCAFC 134 (3) (1 June 2020)