NSW Interim Orders and Decision - Purpose of Affidavit?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Atticus

Well-Known Member
6 February 2019
2,011
294
2,394
In family law, over 90% of cases are resolved by consent prior to a any judge or registrar having read all affidavits....
 

Alert

Well-Known Member
7 June 2019
243
18
654
I didn’t expect to be the other %.
I feel the outcome prior to any case cannot be determined, this why I suggest not to leave out anything.
Because here not all information of parties are not fully disclosed it can be difficult.
That was my experience at Family Court which is why I do not suggest go lightly.
 

Atticus

Well-Known Member
6 February 2019
2,011
294
2,394
If a case can't be resolved by consent and doe's actually proceed to trial in the family court, what will generally happen is any case concerning children will rely heavily on the reports of family consultants, ICL's where appointed and any other relevant professional reports.... not affidavits from each party

If it's a financial case, the court will rely heavily on financial statements and actual evidence to back them up, not affidavits from each party..

But hey, it's your money.
 

Alert

Well-Known Member
7 June 2019
243
18
654
If a case can't be resolved by consent and doe's actually proceed to trial in the family court, what will generally happen is any case concerning children will rely heavily on the reports of family consultants, ICL's where appointed and any other relevant professional reports.... not affidavits from each party

If it's a financial case, the court will rely heavily on financial statements and actual evidence to back them up, not affidavits from each party..

But hey, it's your money.
Thanks Atticus for explaining the % of cases.
I’m definitely the unquestionable %.
I can now understand why my suggestions are not valid to others, which has caused conflicting advice.
My case was no “normal” case, I can see this now.
Thanks again Atticus, really :)
 

Alert

Well-Known Member
7 June 2019
243
18
654
If a case can't be resolved by consent and doe's actually proceed to trial in the family court, what will generally happen is any case concerning children will rely heavily on the reports of family consultants, ICL's where appointed and any other relevant professional reports.... not affidavits from each party

If it's a financial case, the court will rely heavily on financial statements and actual evidence to back them up, not affidavits from each party..

But hey, it's your money.
I didn’t realise all cases involving children did not have an ICL, even when an arrangement could not be made between the children’s parents.
Am I correct Atticus, I would like to know for myself.
 

Alert

Well-Known Member
7 June 2019
243
18
654
The court appoints an ICL if they think necessary
You see mine was appointed practically the second court appearance.
This is why I actually thought every child was appointed an ICL.
Thanks so much for clearing this up for me, I now understand totally for the conflicting advice. Cheers Atticus ;)