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Monday, 04 June 2007 |
Cross Examination Rochelle Macredie B.A. B.Sc LLB Solicitor* The advice in the following article relates primarily to the Evidence Act (Commonwealth) and is a general explanation of the principles of cross-examination. It is not intended as instruction on how to carry out that process as that is beyond the scope of this article. If you are self-represented in a family law matter, then you will need to do your own research as the topic of cross-examination is one upon which weighty tomes are written. This article, merely gives an outline of the process so that you will have some idea as to what to expect. We suggest that you look at the Family Court Rules as well. What is cross examination? Simply put, cross examination is the questioning of a witness for the other side with a view to either getting that witness to say something that is favourable to your case, or to discredit the testimony of that witness. What is the purpose of cross examination? |
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Written by Rochelle Macredie
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Monday, 04 June 2007 |
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How to Draft an Affidavit
Rochelle Macredie B.A. B.Sc LLB
Solicitor
The advice in the following article relates primarily to the law in New South Wales. Interstate readers will need to make their own enquiries in order to ascertain whether the legal situation is the same in their jurisdiction.
What is an Affidavit?
An affidavit is defined as a statement in writing that sets out the facts of a case. It sets out the evidence in a matter. It must be either sworn or affirmed, usually before a Justice of the Peace, Commissioner of Oaths or lawyer, as a true record. This swearing or affirming process is referred to as attesting. Affirming means that you state that you will tell the truth and usually that you are aware of the penalties for making a wilfully false statement.
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Last Updated ( Sunday, 10 August 2008 )
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Monday, 04 June 2007 |
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Why You Should Always Defend an Apprehended Violence Order Rochelle Macredie B.A. B.Sc LLB Solicitor* The advice in the following article relates primarily to the law in New South Wales. Interstate readers will need to make their own enquiries in order to ascertain whether the legal situation is the same in their jurisdiction. First of all, we need to define two terms used. The first term is Applicant and the second is Respondent. Applicant means the person who applies for an order in this context. Respondent means the person on whom the order is made. What Is an Apprehended Violence Order? |
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Monday, 04 June 2007 |
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The Power of DOCS to Enter Premises Rochelle Macredie B.A. B.Sc LLB Solicitor* The advice in the following article relates primarily to the law in New South Wales. Interstate readers will need to make their own enquiries in order to ascertain whether the legal situation is the same in their jurisdiction. Contrary to popular belief, Department of Community Services (DOCS) personnel do not have a right to enter your premises to search for or remove children or young persons in need of care and protection without the warrant of an authorised officer. They cant just do as they like they too are bound by the law! |
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