SA objectionable material

[okanynameyouwishthen]

How does a party go about having objectionable material "struck out" of another parties affidavit ?
As a respondent & a SRL I had thought that countering such objectionable material the applicant had included within their affidavit & stating in my responding affidavit that I made application to the Court for it to do so, was the way forward ?
Past tense, I'm now none the wiser as my request went ignored & no care was given my raising the issue at hearing & I'm yet again left to think I have been bullied over & legally denied .

I can find no court form to apply for this & the Rules seem to relate only to what the Judge's actions are that allow him to "strike out" & order costs etc. , but are silent regarding how that scenario should be first encountered.
Cheers

 

[Rod]

Hard to comment without seeing the affidavit, your response and the court judgement/orders.

If this is important to you, you should see a lawyer.

 

[okanynameyouwishthen]

I don't follow your logic Rod. I'm asking about what actions one must take to have objectionable material struck out from an opposing parties affidavit, not " hey do you think this is objectionable material"?
As I posted, my response affidavit pointed out the objectionable material. My affidavit started out alerting the court to this and then the following paragraph I submitted I wished to make formal application for the court to strike out the irrelevant portions.
They fell under opinions, annexured a letter from a child with claims against me related to it and hearsay comments from a 3rd person yet no affidavit from this person.
Again, my question was, does anyone know how a judge ends up in the position of declaring he is going to strike out objectionable material from a party's affidavit ? I believed seeing as no form to make application for it can be found that an application by opposing party either orally( which I also did) or via their responding affidavit would suffice.
I ask due to the history of my matter & my belief that judge is hugely biased.
To simply ignore my request and not even bother to half explain what process I should've taken to instigate such a process, simply reaffirms my belief.
Therefore I am seeking knowledge on the issue as the 28 day window to lodge an appeal is fast closing.
Cheers

 

[Rod]

There is no form per se. I note however you haven't said which court applies to your case. Normally you would make the application to strike out in your response to the originating application, which according to your original post you did so.

The court has full discretionary power to strike out or keep in material it wants to keep in: FLR 2004 15.13. Even if kept in the judge may not have given it any weight to the evidence and that is where the reading of the judge's decision is important. Also see Smallwood & Smallwood — [2016] FamCA 506

You are emotionally caught up in this matter and probably rightly so, but this makes it difficult to remain impartial and properly evaluate the judge's decision. A lawyer helps provide perspective on your case, regardless of your bias. To appeal costs over $1k so a consultation with a lawyer might save you some effort and money, or point you in the right direction.

I assume you know about the notice of appeal you need to file.

 

[okanynameyouwishthen]

There is no form per se. I note however you haven't said which court applies to your case. Normally you would make the application to strike out in your response to the originating application, which according to your original post you did so.

The court has full discretionary power to strike out or keep in material it wants to keep in: FLR 2004 15.13. Even if kept in the judge may not have given it any weight to the evidence and that is where the reading of the judge's decision is important. Also see Smallwood & Smallwood — [2016] FamCA 506

You are emotionally caught up in this matter and probably rightly so, but this makes it difficult to remain impartial and properly evaluate the judge's decision. A lawyer helps provide perspective on your case, regardless of your bias. To appeal costs over $1k so a consultation with a lawyer might save you some effort and money, or point you in the right direction.

I assume you know about the notice of appeal you need to file.

Thanks Rod. Correct call on the "emotionally caught up " evaluation, & I would give my all for that not to be so, believe me.
The court is FCCA & I have no qualms in stating this courts/judge/legal fraternity involved have crushed my previous mindset of " true justice will prevail ", after all, this is Australia !
I'm both disgusted and embarrassed to now know how this badly broken, inhumane, money generating juggernaut has been decreed as being a satisfactory and worthy arena that holds such gigantic all encompassing power to alter and affect possibly generations upon generations of the very public it's obligated to ensure are afforded it's protections from an unjust application of it's corrupted form.
At times the twisted knot in my gut retches at the very phrase of " Best Interest of the Child ".
Yet until one is robbed of their life's ultimate achievement & greatest source of real true love, the undeserving and innocent child , instigated by a misguided sense of betrayal then leeched upon and manipulated by soulless scandal lovers with self serving egotistical intent, financial greed and fake status amongst fellow peers, they remain oblivious and emotionally disconnected from real hellish insanity here on earth........ that of which facts don't lie.....a father is worse than a second rate, insignificant creature in the realms of the tragically ironic farce and shame of all Australia...........Family Law !

 

[AllForHer]

Since when has family law ever been about justice? If you approach any family law matter with the mindset of "justice will prevail", you will always, always lose. Family law has nothing to do with justice.