QLD Property Settlement - Can I Write More than One Affidavit?

[Pauline1967]

Hi.

I am in the thick of a property settlement and I have found out new information that the other side is deliberately not disclosing. My solicitor has asked nicely for my ex to disclose the bank account and money involved but he is keeping quiet and ignoring our requests.

There is a large amount of money involved and I am worried sick that this will be over looked or "Objected" to by the Judge because she wasn't aware of this information prior to going to Family Court. Should I get my solicitor to write another Affidavit for me so that I can submit the new information it to the Judge or should I leave it up to chance and hope it gets heard on the day?

My solicitor doesn't think another Affidavit is necessary and wants to "surprise" my ex with the question when he is on the stand. The new information is relevant and things have occurred since I wrote my Affidavit and I think the judge should be made aware of it.

Any help would be greatly appreciated.

 

[Rod]

Hard to second guess a lawyer who already has all the facts. Maybe query your lawyer about getting a subpoena from the court instead of attempting an ambush and ask them to explain their reasoning. They may well be setting the scene to blow away your ex's credibility and open the door to other advantages.

Talk to your lawyer.

 

[Pauline1967]

Hi Rod, thank you for your reply. Already tried the subpoena and he is still refusing to disclose the information. I wanted to add that information in my new Affidavit so the judge is up to date with what is going on.

 

[AllForHer]

Trust your lawyer.

 

[SamanthaJay]

Just a question arising from Pauline's post, for my own interest. From my own lawyer's actions, I thought you needed to disclose all information that you wanted to be used in your case? From what's being said here, you can hold back info and only bring it up during the trial?

 

[AllForHer]

There is a requirement of full disclosure in family law, so a witness's credibility will be damaged if they are found under cross-examination to have withheld information that should have been disclosed.

 

[SamanthaJay]

So full disclosure of your own information. Ok, I think I get it. Paulina has information about her ex that she believes he is not disclosing so not up to her to disclose!

 

[Pauline1967]

Hard to second guess a lawyer who already has all the facts. Maybe query your lawyer about getting a subpoena from the court instead of attempting an ambush and ask them to explain their reasoning. They may well be setting the scene to blow away your ex's credibility and open the door to other advantages.

Talk to your lawyer.

Hard to second guess a lawyer who already has all the facts. Maybe query your lawyer about getting a subpoena from the court instead of attempting an ambush and ask them to explain their reasoning. They may well be setting the scene to blow away your ex's credibility and open the door to other advantages.

Talk to y

Just a question arising from Pauline's post, for my own interest. From my own lawyer's actions, I thought you needed to disclose all information that you wanted to be used in your case? From what's being said here, you can hold back info and only bring it up during the trial?

Yes but how do you make him accountable for not disclosing the information? If I don't let the judge know in an updated Affidavit then how will she know? I don't want to leave it up to the Court Day for this to come out. I don't think the Judge would like surprises!

 

[Pauline1967]

Trust your lawyer.

That's ok if you can afford good representation! I was left with very little money to provide for my son and myself.

 

[Pauline1967]

So full disclosure of your own information. Ok, I think I get it. Paulina has information about her ex that she believes he is not disclosing so not up to her to disclose!

Correct. I have disclosed everything (I didn't have much to disclose). He has been hiding money in bank accounts that I didn't know about until I subpoenaed the bank. There is still accounts whre large amounts of money have been transferred to but I don't know where or why.