Is there somebody with legal training who is able to help me?
Background.
I fled dv with my two children, a recovery order was lodged to the courts and eventually granted on the interim due to extreme lack of representation on my part from legal aid, there is currently a avo against the applicant in the proceedings.
There is a final hearing scheduled in June and i have been given until 24th may to provide supporting documents, i am now currently self representing.
The hearing is being held interstate to my residence in the federal circuit court of australia.
Id like to know what action i can take against heresay evidence provided by applicant and id appreciate any support with my own affedavid and responses.
Thankyou.
Comments
You do have the option to seek leave of the Court to change venue to a more appropriate venue.
In regards to the affidavit we do offer a drafting and review service.
Click here
https://flast.com.au/page/view-product?id=1
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Thankyou for the link i will follow it up today.
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Cameron Thompson Ive been through family court and hearsay evidence basically is struck out. At the beginning you bring up sections of evidence you wish to be struck out based on it being rank hearsay.
Hearsay evidence is basically defined as a report etc made entirely by him disclosing things to them, and having witnessed nothing themselves.
I got at least half my ex wife's evidence struck out like that.
You dont have to really justify and explain each piece of evidence on why its rank hearsay I think, the judge would go through them 1 by 1 and determine that/ask questions if they want more info. Saves them time.
Brad Hill Brad Hill
You can refute 'hearsay' evidence with your own, better evidence.
Cameron McKenzie Whilst Brad is strictly correct that hearsay evidence is inadmissible under the Evidence Act. However, in family law matters issues of evidence and admissibility are somewhat flexible. The issue of inadmissible can be overcome if the court is convinced that the desirability of admitting the evidence outweighs the any prejudice to proceedings or natural justice. Additionally, under s69ZT of the Family Law Act (‘FLA’) the court may dispense with the rules of evidence as it is assumed the paramount interests of the child prevails (s60CA FLA).
It generally good practice to ensure all evidence is relevant and admissible. Then seek leave if required to argue why the probative value of the evidence outweighs any challenge to admissibility. The court may conditionally admit evidence and afford such weight (if any) as see fit.