QLD Subpoena Domestic Violence Documents Again for Parenting Matter?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Complex16

Well-Known Member
27 July 2016
118
15
454
If criminal records are obtained for a Domestic Violence matter that doesn't end up going to trial and therefore, those docs aren't used, can they then be used in the parenting matter assuming, of course, they are relevant or must they be subpoenaed again?

Thanks...
 
S

Sophea

Guest
Hey,

This is a really good question, which I haven't come across before in practice. I know that in certain specific areas of law such as corporations law and sports law there are specific situations in which evidence obtained through certain investigations or for certain proceedings can't be used in others however I don't know of a blanket rule whereby you can't re-use evidence of this type.

I'm interested to know whether someone else knows the definite answer to this question.
 

Complex16

Well-Known Member
27 July 2016
118
15
454
Hey,

This is a really good question, which I haven't come across before in practice. I know that in certain specific areas of law such as corporations law and sports law there are specific situations in which evidence obtained through certain investigations or for certain proceedings can't be used in others however I don't know of a blanket rule whereby you can't re-use evidence of this type.

I'm interested to know whether someone else knows the definite answer to this question.

Thanks for your reply. I ended up getting permission from the party who produced them to reuse the evidence and the judge admitted it.
 

AllForHer

Well-Known Member
23 July 2014
3,664
684
2,894
That's good to know, thanks for coming back to us. It'll be helpful information for other here (myself included).