NSW Cross-examination on affidavit: it is worth it if claims can be refuted in writing?

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faustus

Well-Known Member
26 November 2016
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3
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I am involved in proceedings against a government agency. They are in a lot of trouble and have no case. Their submission included affidavits from two people, both full of misleading statements. Now, in my reply to that submission, I have provided ample evidence to refute a large proportion of what they have stated.

However, about a week ago, I came across more evidence that demonstrates they are very likely both lying. The evidence is very robust and from multiple sources. I have written a reply, but I have not submitted it.

Questions

I have never been involved in civil proceedings, so I am a little bit unclear about the following:

1. Am I allowed to make an additional submission? i.e. submission (me); submission (them); reply (me); reply (me).

2. If I am confident I can convince the Tribunal that both are them are liars writing, am I correct in thinking that I shouldn't bother with cross-examination?

3. How much weighting does the Tribunal give to the veracity of other parts of an affidavit? For example, if I can show that someone is very likely lying and made three other statements that are misleading in a manner that is deceptive, do I have to bother refuting their other claims? (which are probably false, but I would require more information)

4. If I don't intend to notify them that I want to cross-examine them, will the Tribunal want to ask them questions instead?