ACT Queries on Supreme Court for My Novel

[DamienB]

Hi everyone,

I've asked a question here before and it was answered beautifully!

I'm writing a novel that involves a Supreme Court case as a major part of the book. I do have a few more as I'm close to writing the case in court.

It's a civil case where a child is suing his parents over some childhood problems. I don't want to give too much away, but it would possibly be a bit of a stretch of a case, then again, maybe not....

I have done the claim forms and have a court date written, it is to start the day after a public holiday, so a Tuesday.

Q1, would the opposing lawyers have meetings to try and negotiate a deal before they start court?

Q2, my court date is 6 months from time of filing, is that about right?

Q3, what is required to be disclosed by each party, i.e. Witnesses, evidence, etc?

Q4, the child is suing both parents, but one has decided to settle without court, and is rebuilding a relationship with the child. Can that parent give evidence against the other? (They have been divorced for a few years.

Thanks for any assistance with this.

 

[Sophea]

Hi Damien,

I'll do my best..


(1) Yes lawyers may meet before a legal action is commenced and maybe even several times during the course of proceedings to negotiate a settlement.
(2) By court date do you mean trial or just a mention or directions hearing?
(3) The parties are required to disclose "discoverable documents" (Check out Rules 600 to 605 of the Court Rules here: http://www.legislation.act.gov.au/sl/2006-29/current/pdf/2006-29.pdf) Rule 605 states that a document must be produced to the other party if it is, or has at any time been, in the possession of a party to a proceeding is discoverable by the party if it— (a) relates, directly or indirectly, to a matter in issue in the proceeding; or (b) is mentioned, expressly or by necessary implication, in a pleading or notice filed in the proceeding. It also goes on to talk about what is not discoverable and what does not need to be given to the other parties. Then there would be expert evidence - evidence and reports given by professionals who are employed to give their expert opinion as evidence. (See rule 1200 onward).
(4) Yes there's no reason one parent couldn't give evidence against the other. Any witness can be used or cross examined by either party.