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VIC Brother's Ex Made False Statements in Affidavit - Defamation?

Discussion in 'Family Law Forum' started by LJay, 23 December 2015.

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  1. LJay

    LJay Member

    23 December 2015
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    My brother's ex has made false statements in her affidavit as part of their custody of children battle. These false statements are about the character and behaviour of our family members, in particular my mother. Can these statements be considered defamation?

    We don't wish to sue her for compensation, we just believe that the affidavit should not be allowed to be used as part of her case against my brother.

    Thank you.
  2. Sophea

    Sophea Well-Known Member

    16 April 2014
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    Hi LJay,

    You cannot bring an action for defamation against someone for something that is said in the course of a court or tribunal hearing. It is the role of the court to decipher between what is fact and what is fiction. Generally the credibility of a witness will become clear through the course of a hearing - examination and cross examination. Simply make sure that the truth as you believe it to be is stated clearly in your evidence - i.e. your affidavits and testimony.

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