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QLD Family Law Matter - Can I File an Affidavit in Reply?

Discussion in 'Family Law Forum' started by T_C, 18 May 2015.

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  1. T_C

    T_C Member

    18 May 2015
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    I am representing myself in court for a family law matter to be heard on 24 June 2015. The court has orders for affidavits to be filed and served by 6 May 2015, which I have done. The court has also ordered for a case outline to be completed by 20 May 2015, which I have prepared and ready to file and serve upon the other party.

    My question is:
    The other party's affidavit and witness affidavits is full of hearsay evidence, opinion evidence and false evidence. Can I file and serve an affidavit to reply to these affidavits? I will be requesting for the witness affidavits to not be shown in court as they are in inadmissible form.

    The family court orders also state: No party shall be entitled to rely on any affidavit material not filed and served in accordance with these directions (as explained above) without leave of the Court first and obtained.

    Not sure what that order means?

    If I can compile an affidavit in reply to the other party's affidavits, will I need to complete it by 20 May 2015 or by least 7 days before the court date?
  2. Sarah J

    Sarah J Well-Known Member

    16 July 2014
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    Hi T_C,

    How did this matter work out?

    In answer to your question, an affidavit forms part of your evidence. It is meant to record facts and refer to evidence. It should not contain any arguments, submissions or replies. If you wish to reply to the other side's evidence, you can do so in the hearing. The hearing is the time to poke holes at the other person's affidavit evidence (once it is read into evidence), to question its credibility and reliability and to make submissions.

    In short, you do not need to make an affidavit in reply. You only need to make additional affidavits if you need to amend something previously written, or to give court new facts.

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