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Callahan & Callahan
[2014] FCCA 2930
Federal Circuit Court of Australia
Good law / bad law (paid plan)
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Interrogate
Catchwords
+1 more
Family Law
›
Children
›
contravention of parenting orders
›
where father claims that mother contravened parenting orders on 9 occasions
›
whether prima facie case established
›
where two allegations admitted and a further allegation admitted but with a reasonable excuse claimed.
Evidence
›
Admissibility of evidence
›
hearsay
›
second-hand hearsay
›
representation made by a child
›
weight of evidence
›
whether sufficient to establish a prima facie case.
Evidence
›
Admissibility of evidence
›
illegally obtained evidence
›
contravention of an Australian law
›
recording of telephone conversation without the consent of one party
›
where child recorded telephone conversation with his mother without her knowledge or consent
›
recording passed on to father
›
breach of Surveillance Devices Act 2007 (NSW), s.11
›
evidence excluded.
Practice and Procedure
›
Procedural fairness
›
where respondent not represented
›
where respondent required to establish reasonable excuse for contravention
›
where respondent entitled to lead evidence to deny contravention of orders.
Case Details
Citation
[2014] FCCA 2930
Court
FCCA
Jurisdiction
Commonwealth
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