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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.

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