NSW alert judge to false affadavit prior to hearing

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7 June 2022
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At the moment , had 2 affidavits filed in probate case ,both affidavits contain lies and false information which has cost the estate a considerable amount of money , about to set a date for hearing the cost of the hearing will be in the tens of thousands , due to procedure or so Iam told there's no way to bring it to the judges attention or have it looked at prior to hearing ,so even a win at hearing is a loss , except of course for the solicitors / barristers furthermore there appears to be no regard for the estate or the family loosing most of the inheritance or punishment for the persons making dishonest allegations
 

Rod

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Send in a reply affidavit with evidence of the false information.
 

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Thank you for that, it's my understanding that return affidavits have passed, it took some time to gather the required information to show the truth, and to be quite honest a lazy solicitor which has been sacked. To make things worse the plaintiff is wanted on outstanding warrants. and gets to file an affidavit, I would have thought that alone would be enough to have the plaintiff's character questioned and the application dismissed Thank you.
 

Rod

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Do it anyway.

You then can state your argument to the court about why it should be accepted by the court - eg prevent miscarriage of justice etc.
 

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Thanks for that, I would love to it seems solicitors / barristers are fearful of the judge, Iam quite keen to ask for leave to do private prosecution, though the legal side have never done one or even seen one done, my question that I can't find the answer to is if there found guilty of perjury what happens to the case, and the 2 affidavits. I am quite surprised on how many legal peeps don't know the answer.as you would be aware win or lose the legals get paid.
 

Rod

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if there found guilty of perjury what happens to the case, and the 2 affidavits.
The case continues, however the credibility of the deponent should be shot to pieces, and the false evidence in the affidavits given no weight. Other evidence without corroborating documentation would have little weight and should be attacked by your barrister.