QLD Hearsay Affidavit No dates

[Pawpaw88]

Hi,

In an Affidavit, if something is said like 'a friend told me where she was moving' 'an acquaintance has said she is becoming violent.' 'a police officer informed me of her address.'

If he refuses to use anyone's name and has no dates on anything is it given much Weight?

 

[Rob Legat - SBPL]

Generally no, unless perhaps it is corroborating another witness’ testimony. And even then it would have to be situational. It should also be recognised that the whole “a friend told me x did y” can only be evidence that the deponent was told x did y by the friend - not that x actually did y, because the deponent did not witness that event.

 

[Pawpaw88]

Generally no, unless perhaps it is corroborating another witness’ testimony. And even then it would have to be situational. It should also be recognised that the whole “a friend told me x did y” can only be evidence that the deponent was told x did y by the friend - not that x actually did y, because the deponent did not witness that event.

Thankyou, the other parter has no witnesses and no supportive evidence to any claim, some are extremely wild allegations that are completely baseless.

Other party has perpetrated coercive control as well as physical violence for years during the relationship and post separation, I don't have any evidence of the assaults themselves, but corroborative evidence, that police have been called, FACS reports, pyscologist report and concerned family members.

I have completed proved about 10 different lies through his affidavit.

Other party claims I was infact the perpetrator of DV and am a violent person.

ICL seems to be on the fathers side, although he has never spoke to me or looked at my evidence.

Thoughts?

 

[Rob Legat - SBPL]

I’m not a family law practitioner but that doesn’t sound unusual for the conduct of some parties in a family law situation. Most family law judges are pretty good at sniffing out what stinks.