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NSW Family Law Court Hearing - How to Reply If Cross-examined?

Discussion in 'Family Law Forum' started by littlehelpplease, 9 December 2014.

  1. littlehelpplease

    littlehelpplease Active Member

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    Hello all,

    I just have a quick question about being cross examined, etc. I have a family law court hearing in NSW very soon and lost my legal aid funding in ACT.

    If my ex's lawyer cross examines my affidavit or ask's me questions can I say "no comment" to some questions but then answer others?

    I just remember when Bill Clinton was in court once he pleaded the 5th, he had to keep pleading the 5th (from memory anyway and I understand that was the US).

    Thank you in advance
     
  2. Sophea

    Sophea Well-Known Member

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    Hi there,

    There is no equivalent to the 5th amendment in Australia. There is a right against self-incrimination - which means you can refuse to answer a question or produce a document if it would incriminate you. This is mainly in the context of criminal proceedings or administrative civil proceedings, so I don't know that it would apply in your case, depending on the question asked of course.

    I would also bear in mind though that being cagey or evasive with questioning will also impact your credibility. The judge will form an opinion as to your credibility based on how you present, speak and co-operate in the proceedings generally - and will use that to determine whether or not to believe your evidence, so its important that you come across as open and co-operative.
     
  3. littlehelpplease

    littlehelpplease Active Member

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    Hey Sophea, thank you for the reply.
    I absolutely agree my fear is that her lawyer will try to bait me so I hoped to head off negative/leading/antagonistic/aggravating question with that response.
     

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