QLD Does Person with Affidavit Need to be Available at Trial?

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Alan Strong

Active Member
26 March 2018
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Hi, Very new to this. Thank you for your time to read my question. I see that there are similar questions already asked, but there was no response yet.

Does every person who writes an affidavit have to be available in person? How will I know which ones the judge or the other party want to question?

The reason I don't think I will need them all there is that more than one person has sworn that a particular thing happened. The people who wrote them don't know each other and I don't have enough money to pay for them to attend the trial.

Is a judge likely to accept affidavits from people (that witnessed something but I have never personally met) without them being at the trial?

Thank you
 

AllForHer

Well-Known Member
23 July 2014
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So, the ordinary rule is that if you're filing an affidavit deposed by a witness as part of your evidence, then the person who deposed that affidavit must be available for cross-examination by both parties.

You can file a request for the witness to appear via video link or telephone if they are abroad or have another reason as to why they are unable to present at Court. Before you do this, you must notify the other party of your intention to do so, then file the appropriate form with the Court.

Federal Circuit Court: Telephone/Video link attendance request - Federal Circuit Court of Australia
Family Court: Request to attend by electronic communication - Family Court of Australia

If they choose not to present at Court, whether in person or by telephone/video link, then the evidence will not likely be admitted by the Court on grounds it can't be tested.
 

AllForHer

Well-Known Member
23 July 2014
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684
2,894
Well, evidence isn't tested at interim hearings, so there's no need to have witnesses there for interims hearings, just the final hearing.