Court documents - witness statement without consent

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Excellent38

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13 April 2023
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HI all, please help me with my question. A mutual couple have separated and started divorce proceedings. One party has listed me as a witness to an event which I did not actually witness! And to make it worse, initially I was asked to write an affidavit about this but I said no because I didn't actually witness it, and then its been added to the court documents without my consent or knowledge until the other party let me know. Is this illegial and what are my rights
 

Rod

Lawyer
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27 May 2014
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Is this illegal and what are my rights
Yes, and you should send a letter/email to the party who wants to use you as a witness saying you did not witness 'the event' and suggest they may need to correct the court record.

You do not have much in the way of rights, however if called as a witness you have an obligation to tell the truth.
 
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Tim W

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28 April 2014
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1. I agree with @Rod
2. "Listed" you where?
In statement to police (eg in an AVO. IVO or similar; or, say, as some sort of witness in an application in the Family Court?)
 

Excellent38

Member
13 April 2023
3
0
1
1. I agree with @Rod
2. "Listed" you where?
In statement to police (eg in an AVO. IVO or similar; or, say, as some sort of witness in an application in the Family Court?)
thank you:) i am listed as a witness in application to family court, currently sitting with solicitors so not at court yet.