Hi, does anybody know how to start an interrogatory in FCC in regards to financial discovery and disclosure?
Pursuant to FEDERAL CIRCUIT COURT OF AUSTRALIA ACT 1999 - SECT 45,
"Interrogatories and discovery are not allowed in relation to proceedings in the Federal Circuit Court of Australia unless the Federal Circuit Court of Australia or a Judge declares that it is appropriate, in the interests of the administration of justice, to allow the interrogatories or discovery. "
My Ex recently has admitted in response to my Notice to Admit Facts that she has received cash in foreign currency from my parents as gift to both of us. This admission gets herself cornered. Because previously, she has never mentioned such financial contribution in any of her previous legal documents including financial affidavits or disclosure, and claimed in her affidavit that she has transferred "her own savings" to our joint account, and claims that she has no other asset except an overseas bank account that has some $100 let. In fact half of "her own saving" is not hers but is my parents cash gift to both of us, after we got married. After her admission, I then ask her to disclose the whereabouts of the foreign cash, she refuse to answer. She also refuse to discourse bank statements from her overseas account.
As this is a cash contribution, I don't think I can subpoena her to produce any documents. I instead wish to start an interrogation to force her answering the whereabouts of the cash in writing. I then can further questioning her in trail based on her answer.
How should I seek leave for interrogatory hearing in FCC? Is it by filing application in a case?
Or is there a better way to run my case to expose her failure on duty to disclose, and expose her lies in affidavits?
Thanks
Pursuant to FEDERAL CIRCUIT COURT OF AUSTRALIA ACT 1999 - SECT 45,
"Interrogatories and discovery are not allowed in relation to proceedings in the Federal Circuit Court of Australia unless the Federal Circuit Court of Australia or a Judge declares that it is appropriate, in the interests of the administration of justice, to allow the interrogatories or discovery. "
My Ex recently has admitted in response to my Notice to Admit Facts that she has received cash in foreign currency from my parents as gift to both of us. This admission gets herself cornered. Because previously, she has never mentioned such financial contribution in any of her previous legal documents including financial affidavits or disclosure, and claimed in her affidavit that she has transferred "her own savings" to our joint account, and claims that she has no other asset except an overseas bank account that has some $100 let. In fact half of "her own saving" is not hers but is my parents cash gift to both of us, after we got married. After her admission, I then ask her to disclose the whereabouts of the foreign cash, she refuse to answer. She also refuse to discourse bank statements from her overseas account.
As this is a cash contribution, I don't think I can subpoena her to produce any documents. I instead wish to start an interrogation to force her answering the whereabouts of the cash in writing. I then can further questioning her in trail based on her answer.
How should I seek leave for interrogatory hearing in FCC? Is it by filing application in a case?
Or is there a better way to run my case to expose her failure on duty to disclose, and expose her lies in affidavits?
Thanks
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