NSW DNA Testing and Federal Circuit Court Appearance?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Davinasys

Active Member
27 August 2018
10
0
31
I have received a affidavit and a letter from a lawyer saying I need to be attend court and that my case has been listed in the Federal Circuit Court. The letter says if I don't attend, a court can make court orders against me.

I'm just wanting to know what orders can they make in my absence. It's all for a DNA testing because a lady is saying my child is hers, what are the process for all this? Will I have to do the test? Do I need a lawyer, etc?
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,726
1,056
2,894
www.hutchinsonlegal.com.au
They can make orders you undertake DNA testing. If you refuse then it becomes contempt of court with more serious consequences that can include jail time.

You should not avoid going to the hearing. You should present your facts to the court and say she should pay for the testing. If they baulk at that, say you'll pay half if you turn out to be the father.

If you convince the court you never had sex with her, there's a very good chance the DNA testing will not be ordered. However, proving you never had sex is often difficult. Helps if you were in a different country at the time of conception!
 

Laquisha

Active Member
11 June 2018
12
0
31
Make sure you put a Response into the Court with an accompanying Affidavit to set out your facts. Without this the Judge will NOT be very helpful in your case.