Can I Re-Open Proceedings Even After a Final Hearing?
The answer to this question may surprise some people, especially given the perceived finality of a Final Hearing. This, however, is a common misconception.
It can sometimes take many months for a final judgment and Orders to be made depending on the complexity of the matter, and fresh evidence can become available after final submissions from both parties have been heard. Sometimes this new evidence may be so significant to one party’s case that it could affect the decision of the Judge and overall outcome of the matter.
There have been cases that have allowed a party to reopen proceedings in certain circumstances. Given that there are no legislative provisions to rely upon, all Applications to re-open proceedings are dealt with by the discretion of the Judge. When determining whether a case should be re-opened pending Final Orders, the Judge will rely upon the following factors as set out in the case Reid v Brett [2005] VSC 18:
1. The new evidence is so significant that it needs to be included and presented before the Judge and it is in the interests of justice to do so;
2. If the new evidence were to be accepted, it would most probably affect the result of the case;
3. The new evidence could not have been reasonably discovered earlier; and
4. The other party would not be prejudiced by the late admission of the new evidence.
It is important to keep in mind that a party cannot simply seek the Court to re-open their matter if they have inadvertently missed or forgotten to rely upon a particular piece of evidence during the Final Hearing. Furthermore, it is highly recommended that you seek proper legal advice in relation to this, as you could also be ordered to pay the costs of the other party’s legal fees if your Application to re-open proceedings is unsuccessful.
If you are unsure whether this situation applies to your matter, please contact us on (02) 8379 1835 to arrange a conference with us.
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Lagom Family Law is a boutique legal practice lead by Principal Lichee Hogland who strives to achieve the best possible outcome for her clients whilst being approachable and respectful.