ACT Can you include subpoenaed material in affidavit?

[SophieW]

Firstly, I want to say that finding this forum is an absolute godsend! The know-how on here is so great for self-reps, because god knows we don't get a good deal anywhere else.

Does anyone know if you can include subpoenaed material in an affidavit as (1) a quote and/or (2) an annexure? I would assume you can. However, when my partner's ex's lawyer forwarded the subpoenaed material, the lawyer included a line saying (to the effect) "it is suggested that you obtain advice as to the admissibility of these documents in Federal Circuit Court proceedings".

The material was subpoenaed by the ex and her lawyers in the local Magistrate's Court. They are all my partner's records (his medical records, immigration records etc). There are also police records regarding the interactions of my partner and his ex, which my partner has viewed at the court, but as a self-rep was unable to copy. We are trying to get copies of them through the ex's lawyer.

Does anyone know the admissibility rules re including this evidence that was subpoenaed in one court but which we want to use in another?

 

[appleton]

Hi SophieW - in a similar boat to you at the moment, just wondering if it is possible to message you directly on this forum somehow?

 

[Atticus]

Does anyone know the admissibility rules re including this evidence that was subpoenaed in one court but which we want to use in another?

This rule maybe applicable >> FEDERAL CIRCUIT COURT RULES 2001 - RULE 15A.03 Documents and things in possession of another court

 

[SophieW]

Hi Appleton,

I have not been able to work out how to private message! I have followed you, but can't work out how to start a "Conversation" using the Conversations tab. I've put a question in the "Pool Room" to see if anyone can help.

This is what I've worked out so far. We had an Order that meant that material subpoenaed in the other court could officially be brought into the Federal Circuit Court. I think this needs to happen before you can use any material from another court. The only material we did not use in the affidavit were things that were inadmissible under Section 10E and 10J of the Family Law Act - this was all stamped with stamps saying it could not be used. I think these sections relate to things like family counselling, family dispute resolution etc.

 

[Philly2020]

If you're unable to use it, surely you could ask the same to be subpoenaed in the Federal Circuit Court?

 

[SophieW]

Hi Philly2020, all subpoenas originally raised in the Mag Court were transferred to the Fed Circuit Court. I understand the docs are inadmissible in the Fed Circuit Court because of certain sections in the Family Law Act that relate to family counselling. I see what you mean about re-subpoena, but in the end, it didn't make a big deal - we were able to include the important stuff in the affidavit, like police records and medical records.