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QLD Family Law Act - What is a Statement of Evidence ?

Discussion in 'Family Law Forum' started by emem13, 30 June 2015.

  1. emem13

    emem13 Active Member

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    The Court has asked us to provide a Statement of Evidence which they say supports the principals contained in section 60cc of the Family Law Act.
    Is there a proper document this needs to be set out on? Where can I find examples of a Statement of Evidence?
     
  2. Sarah J

    Sarah J Well-Known Member

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    Hi Emem13,

    Are you asking the court to make a decision about what is in the best interests of a child?

    To do this, the court will need to hear evidence supporting the versions of events you, and the other side, are saying. This is done through an affidavit. I believe a statement of evidence may be another name that refers to this. An affidavit is a sworn formal statement to the court which forms part of the evidence.

    There are formal requirements/statements that must be included in an affidavit (e.g. statement of truth) and it must be witnessed.

    The formal requirements for an affidavit for the Family Court are contained the Family Law Rules 2004 Chapter 15, Part 15.2. See the Family Court's page on affidavits.
     
  3. emem13

    emem13 Active Member

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    No, this is a separate thing we need to file with the other party 3 days prior to a hearing. A statement of evidence saying that we support everything found in section 60cc of the family law act.
     
  4. Sarah J

    Sarah J Well-Known Member

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    As far as I understand, all evidence and statements are submitted to court in the form of an affidavit (and sometimes, a witness statement). An affidavit can also be called a written statement of evidence. You are often required to submit multiple affidavits throughout a hearing. In the Federal Court of Australia, in particular, they have referred to an affidavit as a statement of evidence. In any case, it aims to do the same thing, which is to submit evidence to court. Therefore, I imagine most of the formalities required in an affidavit (statement of truth/oath, witness) is also required in this statement.

    The only other situation I can think of where they refer to a Statement of Evidence is in QCAT for expert witnesses to submit to court a written report of evidence from which they base their conclusion/opinion.

    Perhaps call up the court or go see your local community legal centre for clarification.

    In which court is the hearing?
     
  5. emem13

    emem13 Active Member

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    Federal circuit court for family law
     
  6. Sarah J

    Sarah J Well-Known Member

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    In this case, a statement of evidence is a written submission to court. It replaces an oral submission (arguments) in court. It is your statement to court. In your statement of evidence, you can make submissions (arguments), refer each submission to an affidavit/exhibit/evidence. The statement is essentially an affidavit without much of the formalities (e.g. swearing before a solicitor).

    The statement can include:
    • Your response to the other side's allegations;
    • Your own positive case (arguments);
    • Any evidence you wish to rely on (you should refer to where this evidence is whenever you make an argument or assert something).
    As for how it should be presented, or what rules you must abide by, it is best to call up the court to enquire.
     

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