VIC Can an extract from a family report be presented in affidavit at interim hearing?

Discussion in 'Family Law Forum' started by Familylaw101, 21 October 2019.

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  1. Familylaw101

    Familylaw101 Well-Known Member

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    Hi
    I just wanted to know regarding an affidavit for a federal circuit court interim hearing if your allowed to quote extracts from a family report writer without the report writer being at the interim hearing to be cross examined?

    If not, when can you use or quote an expert witness' report? Does this only apply if they write an affidavit themselves in support of the report?

    Example would be "I believe in my opinion party a is such and such"

    Thanks in advance.
     
  2. Muxaul

    Muxaul Well-Known Member

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    In my Application in a Case affidavit for seeking an modified interim order, my lawyer annexed the whole family report in. In this application and affidavit, I sought "Such and such" and argued that they were inline with my family report.

    Also lawyer argues that because the report did not say "get each party what percentage at stage 1, 2, 3" , therefore it means "give each party this percentage NOW".

    My ex also quoted in one sentence (one recommendation) from the family report into her respond affidavit without consenting the expert either. We have done that interim hearing and the judge did not raise any issue with us quoting the report.

    Hope this helps you.
     
  3. Familylaw101

    Familylaw101 Well-Known Member

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    Thanks that does help a lot. So from my interpretation you can just go ahead and quote what is required.

    After that initial interim hearing how did that work out for you overall?
     
  4. Muxaul

    Muxaul Well-Known Member

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    I got everything that I was seeking in that application. I still need to prepare for my trail though.
     
  5. Familylaw101

    Familylaw101 Well-Known Member

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    Thats great news. I guess a well prepared affidavit goes a long way.
     
  6. Muxaul

    Muxaul Well-Known Member

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    Good luck to you. If you are seeking something based on the family report, you ARE the reasonable party and you will have a strong position to argue.
     
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