QLD Help with Self-Representing - Put on a New Affidavit?

[SelfRepHelp]

Hi,

I'm new here.

I'm self-representing in the Federal Circuit Court in April.

I've had a lawyer up until now, and spent over $10k for well, nothing. The interim hearing was a train wreck. So I am now self-representing.

I have a copy of the interim orders and need legal help on what each point means. I want to make completely sure I file the correct documents at the right time. And in the right format. Does anyone have recommendations of a lawyer in Brisbane that I could clarify these points with?

For example: I've previously filed the initiating application, and 3 affidavits. The Interim Order says that before the final hearing I need to file and serve "One affidavit setting out all evidence to be relied upon at trial including evidence in previous affidavit material and any further evidence-in-chief."

So now I'm wondering, do I need to put together a brand new affidavit including everything from the previous two, plus any new information? Or do I just attach the previous two somehow to a 3rd affidavit? And how does it need to be served on the other party?

These sorts of questions I need help with.

Any recommendations would be really appreciated.

Thanks

 

[AllForHer]

This isn't legal advice, just guidance from my own experience.

To me, the direction suggests you should compile all past affidavits, as well as any additional evidence on which you wish to rely, into a single affidavit. In this case, I wouldn't attach the previous affidavits, but rather, I would include their contents in your trial affidavit.

You can change the wording, but don't change the facts, and keep everything as close to chronological order as possible. You can also use sub headers to make it easier to follow.

Since proceedings are already under way, you can serve the other party to whatever contact details they've provided. For example, if they've provided an email address, you can PDF the documents and attach them to an email that just states "I now attach by way of service the following documents:

1. Minute of orders sought
2. Affidavit of (your name)

Etc.

 

[SelfRepHelp]

Thanks AllForHer. That makes sense. It's just these things I want clarification on.

One of my concerns is that my former husband keeps an underlying threat in all his messages through his lawyer, that he is going to complete an application of costs to be awarded to him. He's said that right from the start. Whether it's true or not, it works on making me nervous. It's his bullying style. So I want to make sure I do everything by the book.

 

[AllForHer]

It's not nice to receive such correspondence, but rest assured that everyone going through Family Court is told by the other party that they're going to seek a costs order against them. It's a scare tactic, and they also have to give notice of intention to seek a costs order, but it's legislated that except in extenuating circumstances (one party obstructing proceedings, unreasonably contravening orders repeatedly, etc.), each party must pay their own costs in family law proceedings.

Just ignore it and focus on your case.

 

[SelfRepHelp]

AllForHer - one other question. If there are parts of my original affidavits that are no longer relevant, will I just remove them?

BTW - I know you're not giving legal advice, but rather insight....

 

[AllForHer]

This really depends - what makes them irrelevant?

 

[SelfRepHelp]

Statements like...x will be starting year 7 next year and a decision needs to be made. That time has passed.

Thank you for responding to all my questions btw. You're very generous with your time.

 

[AllForHer]

Ah. Yes, I would exclude any evidence pertaining to disputes that have already been resolved (though it's usually prudent to include some information about your children and how they are performing at school for the Court's benefit).

 

[MartyK]

All materials filed with the Court have already been submitted into evidence. What this order is asking, is for you to set out the evidence on which you wish to rely. As well as your other documents filed with the Court, is there any subpoenaed material (already subpoenaed) that you will be relying on et al.

You do not need to re-write everything. You can refer to it instead in your trial affidavit. Reading double of everything can be tedious for all concerned.

Parties, at times, especially SRL's when they have filed huge first affidavits, have been known to rely mostly on an affidavit already filed.

The other side can still cross examine you on all of your filed materials, even if you do file a single consolidated affidavit for trial.

 

[Rob Legat - SBPL]

To add to what MartyK said in his last sentence and AllForHer said above, make sure your subsequent affidavit does not contradict your prior ones unless something has happened in the mean time to change circumstances and you set those circumstances out. Otherwise, expect to be questioned in detail and at length about why there an inconsistencies as the other side looks for a reason to have your material thrown out.