Expert evidence in the family court: The new regime

Abstract

The author reviews the two major decisions of the Family Court of Australia in relation to expert evidence: Re W and W (Abuse Allegations; Expert Evidence) [2001] Fam CA 216 and Re W (Sex Abuse: Standard of Proof) [2004] Fam CA 768. He identifies a number of difficult expectations harboured by the Court and questions their legitimacy. He also analyses the single expert regime created as the default position under the Family Law Rules (Cth). He examines their application in practice and queries their likely impact upon the conduct of litigation.