How to Arrange Witness to Attend Hearing Under Family Law?

[Karsidi]

I am the Applicant and SRL in a Contravention Application in FCA. I'd like a witness, whose affidavit I already served and filed to all parties to adduce evidence from the witness box rather than relying on his affidavit.

I just wanted to know the procedure - should I approach the registrar first and in what manner can I do that? Is there a form to fill out? Is there a prescribed timeframe?

I studied the Family Law Rules 2004, particularly Chapter 15. Although it has provisions for notice for a deponent to attend cross-examination and for subpoenaing to give evidence by a person who had submitted affidavit on behalf of the other party, there is nothing in the Rules about getting my own witness for examination by both parties.

 

[Sophea]

I am not a family law expert, but I think if you wanted to subpoena the person to attend trial you need the permission from the judge or other judicial officer who is handling your matter. This guidebook may be helpful for general guidance: http://www.familycourt.wa.gov.au/_files/Handbook_Childrens_Cases.pdf

 

[Karsidi]

Hi Sophea.

This is most useful, thanks a million. I don't live in WA so would be under the FCA jurisdiction, regrettably they don't have such a handbook.