NSW Accessing a affidavit filed at the family court NSW

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FLom

Member
12 April 2020
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My ex partner has been embroiled in a custody and property dispute with her ex partner at the family court NSW for just under 2 years .
I was recently informed from a friend of my ex that in a recent affidavit that my ex submitted she has made all sorts of false allegations against me from violence, drug dealing,robbery and being in cahoots with her ex partner to try limit the amount she is hoping to recieve from the property settlement.
With me being mentioned on her recent sworn affidavit filed at the family court NSW in Sydney is there a way that i can obtain or at least view a copy ? if the false allegations and lies her friend informed about me are indeed true can I make a request to the court or her lawyer to have them removed?
 

GlassHalfFull

Well-Known Member
28 August 2018
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Because any affidavit in the Family Court cannot be published or discussed elsewhere, I don't see the issue of the original post. How does the false allegations affect you? This is a dispute between an ex and their ex, nothing to do with you. No allegation made against you there will come back to bite you (at least, I can't see how it would) because it can only be relevant to that case.

Also, allegations in affidavits are just allegations, they aren't proven and don't hold a lot of weight. You can't have any claims made in an affidavit removed. Whether the claims are true or not may eventually be tested in a trial but even then, the claims will only be relevant as they relate to the two people involved in the case, not you.
 
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Atticus

Well-Known Member
6 February 2019
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I was recently informed from a friend of my ex that in a recent affidavit that my ex submitted
Probably shouldn't have been discussed really, with her or you .... In any event, you would need to be a party to proceedings to have anything contained in an affidavit struck out by the court