The appellant father and respondent mother both brought motions to introduce fresh evidence in an appeal from an arbitrator's decision declining to order their children be vaccinated.
The court applied a relaxed Palmer test, given the case involved the best interests of children.
The court admitted the father's fresh expert evidence regarding vaccine safety and the mother's genetic variation, as well as evidence challenging the credibility of one of the mother's experts.
The court also admitted the mother's fresh evidence from the children's family doctor regarding their current health and the psychological impact of the litigation.
A temporary publication ban on the children's health information was made permanent.
