NSW Can Avo statement be used

[Jaywoo220]

Can Avo statements filed with court be used in defamation hearings?

I understand privlege when defamatory imputations communicated in court, but what about as evidence to prove the comments were made outside of court?

 

[Rod]

Same privilege applies.

What is may do is point to comms that can then be used, or another witness you can examine.

 

[Tim W]

Consider section 27 of the NSW act.

 

[Jaywoo220]

Thanks Tim.

So the information contained in statements cannot be used to show an admission that the comments were made?

 

[Tim W]

You're not asking the right question.
Try again.

 

[Atticus]

Can Avo statements filed with court be used in defamation hearings?

No

 

[Jaywoo220]

Okay Tim.

I do not mean as the source of the defamatory imputations which I understand attracts absolute privlege.

But can the avo statements be submitted into evidence to support my version of events?

 

[Tim W]

What do you mean by "AVO statement" ?

 

[Jaywoo220]

Statement made in an Avo hearing.

Form 12 statement of issues

 

[Tim W]

Are you the applicant?
Are you the PINOP?