Hi.
I have a trial date for a parenting matter in Western Australia set for the first quarter of this year. I have only recently received the other party's trial affidavit.
Orders made previously state that any objections to an affidavit can be made no later than 14 days prior to trial. The party objecting is to provide the other party with a schedule setting out the objections and the grounds for objections.
I would like to object to a number of paragraphs in the other party's affidavit on the basis of relevance and evidence assumes a fact not in evidence (ie there is no supporting evidence provided).
My first question is: Do I simply provide this to the court as a table of objections which includes the paragraph number, the part of the paragraph objected to and the basis of the objection. Or is it more complicated than that?
My second question is: Some information in the other party's affidavit contradicts their previous affidavits and, they have used information from my trial affidavit which was not previously known to them in their trial affidavit. Rather than object to these in the schedule (i'm not sure of the correct basis for objection of these issues) would it be ok to address these in my cross-examination of the party at trial?
Many thanks for any assistance.
I have a trial date for a parenting matter in Western Australia set for the first quarter of this year. I have only recently received the other party's trial affidavit.
Orders made previously state that any objections to an affidavit can be made no later than 14 days prior to trial. The party objecting is to provide the other party with a schedule setting out the objections and the grounds for objections.
I would like to object to a number of paragraphs in the other party's affidavit on the basis of relevance and evidence assumes a fact not in evidence (ie there is no supporting evidence provided).
My first question is: Do I simply provide this to the court as a table of objections which includes the paragraph number, the part of the paragraph objected to and the basis of the objection. Or is it more complicated than that?
My second question is: Some information in the other party's affidavit contradicts their previous affidavits and, they have used information from my trial affidavit which was not previously known to them in their trial affidavit. Rather than object to these in the schedule (i'm not sure of the correct basis for objection of these issues) would it be ok to address these in my cross-examination of the party at trial?
Many thanks for any assistance.
