NSW Exact Wording for Subpoena to Medicare?

[Bill1979]

Hi there,

I am wanting to know the exact wording that is required when submitting a subpoena to medicare, e.g. requesting all file notes, appointments, etc., so that I may then send off requests to individual drs/ psychologists, etc listed in those reports.

Does anyone have a standard template of wording that they use when making requests for these records? Also, if I want to submit video evidence, how would I go about that? Do I just put the videos on a USB and hand it in as part of the file?

 

[Rod]

Can't answer the first query.

WRT to the second, be very careful about what you want the videos to prove. It can backfire spectacularly if the court even suspects the video is staged or a setup. There is one case where a mother took video of her young daughter (<3yrs old) pointing at her own (daughters) private parts and tried to use that as evidence of abuse by the father. Failed big time and judge ripped into her for making what can be construed as child porn. Judge said it showed far more about mother than the father. I think the mother lost parental responsibility partly for this.

 

[thatbloke]

Ditch the video idea. It is doomed to failure.

As for the subpoena something like "all records, notes, handwritten messages, memos, records of phone calls communication and all electronic held records", it's not so much what you write but make sure you serve it properly.

Request documents and information using a subpoena - Australian Government Department of Human Services

 

[AllForHer]

Agree, don't use video evidence. It backfires more often than not because it tells the Court as much about the person filming it as it does about the person appearing in it.

If the video captures a conversation with your ex, then transcribe the conversation in your affidavit, but otherwise, leave the video out of it.

 

[Bill1979]

Hi there,

The video evidence shows the ex assaulting me on multiple occasions, so how come it cannot be submitted? The ex also admitted the assaults in video so should this not be supplied either?

 

[thatbloke]

The question you have to ask yourself is what do assaults have to do with the children?

What exactly are you trying to prove to strengthen your case in relation to the children or child ?

 

[AllForHer]

Video evidence might show mum assaulting you.

It also shows that you were aggravating mum by video-taping her.

In summary, it makes you both look like idiots, especially if you didn't bother going to police about it.

If mum assaulted you, describe the incident in your affidavit, and make sure you're clear about how those assaults should be considered against the best interests of the children. For example, it would be absurd to suggest mum poses a risk of harm to the kids, but fail on your part to seek that mum's time with the kids be supervised.

 

[thatbloke]

Another thing to consider is the more you show conflict happening and the more you show you cannot work together the less time you could end up with

 

[Bill1979]

The children were present during the assault. Also there is one video of the ex attempting to slash her wrists with a knife in front of the children, I would consider that would be harmful to the children. I currently have an AVO against her father who has multiple assault charges and her two brothers have multiple convictions for assault. Would the judge consider if there is a proven cycle and history of violence within her family that they would be at risk in their care?

 

[Bill1979]

Also is it a common tactic of lawyers to submit a false subpoena to try and delay the details for the other party? E.g submitting a subpoena for their own clients police records with an incorrect date of birth given that two subpoenas for the same person cannot be submitted at the same time.