QLD Direct brief final trial FCA barrister

[sammy01]

I don't think it matters so much that you're on the top of your game. It is that the ex does'nt know the rules of the game...
I reckon based on how well you write and the fact that you appear to know your stuff (oh and that all the expert witnesses are on your side) you can do this one on your own and keep the $$$ for the criminal case.

Man this chick really has led you down the garden path...

 

[Jake Matherson]

Morning Sammy,

Your comments reflect that of my lawyer friend that has been helping me along the way. Generally I cross reference your advice against his and you're generally spot on so kudos to you also.

However, he was the one offering to hook me up with Counsel at a discounted rate as I would handle all of the leg work. I understand he has to make money somewhere. But I think i will go this on my own should it eventuate.

We often joke together that we are going to write a book about my case as it's a complete circus so that I can recover some costs.
I walked so far down that garden path it's been a long walk back and not over yet but I'll get out.

Cheers.

 

[GlassHalfFull]

Wow Jake. That is a hell of a story. I say this tongue in cheek obviously as nobody wants for another person to go through that (nor the children) but on some level I wish my ex was as obviously self destructive as yours, at least it would make my case a bit easier. Mine has just enough common sense to make it appear (on the surface anyway) that she's simply acting protectively...

I can't really speak for what a trial involves, but my gut feeling is you're probably better to save the money since there's little more you can realistically gain if your ex is that far out of the parenting picture.

 

[smallcat]

Just wondering if both sides are self-rep at the FCA, and tell only the truth, then how bad the proceeding and result can be? Will the judge think that we are simply wasting his time?
Can phone call recordings and dashcam footages be used as evidence in court?

 

[Jake Matherson]

Along the way I've had a cranky Registrar that told us to go outside and come to an agreement on the matters we were discussing otherwise he will make a ruling and we wont like the outcome.

So yeah, if you're wasting their time they will let you know about it.

As for video evidence. I suspect it would only be useful if you wen't all the way to trial and it was extremely! important footage. Nobodies pulling out the TV for a directions hearing.

I did have some things on phone recording that I felt needed to seen by the Court, Family Report writer and the ICL. So In my affidavit I detailed the events as they happened and annexed a few screenshots of the video. That way everybody knew the video exists and they got the jist of it from my affidavit.

Early days of court is all off your paperwork. Having quality paperwork is a big step to a good outcome in my opinion.

 

[GlassHalfFull]

Yeah my experience and advice from my lawyer so far has been like yours Jake. It's all affidavits and paperwork. Unless it's really important video or audio, you're just as likely to be viewed very unfavourably as having set your ex partner up by secretly recording something. It seems to matter not if you were recording because you had a strong suspicion something bad would happen and you turned out to be right. It certainly seems like the family court is very resistant to either side trying to 'prove' things, at least at the interim stage. The court prefers to rely on claims in affidavits, testimony and single expert witnesses to make decisions - I suppose a trial is a different story but I'm not there yet and have no experience with one. And I suppose I understand why it works that way, but when lies are told and it's very difficult to disprove them prior to a trial, even if they don't hold a lot of water in and of themselves they tend to leave a bit of a stain on you regardless which is frustrating.

Good idea to describe video in an affidavit and screenshot it. That probably works better for when there is a physical confrontation or something, but when you're trying to prove something DIDN'T happen, screenshots don't really do the job since you could be selective in which frames you used in order to paint a different picture.

As for cranky registrars, I've had one of those. They actually spent the majority of the 5-10 minutes we actually spent in count castigating all three lawyers (mine, hers and the ICL) for not being diligent enough about some minor paperwork that needed to be distributed to the magistrate's court, instead of actually spending time progressing the case. Frustrating, but even lawyers/barristers seem to be rather scared to talk back to a registrar and end up walking out of the room muttering under their breath. Such is the imperfection of the family law system I suppose.

 

[Migz]

Jake...here is my take, and I prey to god you dont have Cassidy presiding over your case in Brisbane, she is one evil s.o.b. My advice unless you know that legal aid will pull her funding for trial then expect the feminist run legal aid to send in their best Barristers. If you can get a direct brief Barrister then you should only be paying $3500 to $4000 a day...not that anyone other than a heart surgeon or brain surgeon is worth that, and definitely not a scum bag family law barrister, and don't use David Edwards in Brisbane the guy was a complete and utter failure and should be stricken from the bar. Next, do everything in you power to have the bogus DV absolutely torn to shreds during your trial...why...because if that case is still running (as I assume it is) you can then contact Auscript and ask for that hour or so of cross examination and pay your $500 to $1000 and you can use that as evidence in the DV Courts of Queensland later down the track. Lastly if you are on side with the ICL and you know what their "Final Orders" states and its inline with what you want, then write up the same thing and you will get it over the line easy.

Lastly the registrars in Brisbane are a bunch of wankers, their sole purpose is to try and stop your case progressing to trial, all they want is for parties to talk it out, well Mr.Registrar you tool I wouldn't be here if the other party was mature and actually talked, and followed orders...

As for video & audio evidence, it's pretty simple, you email the Judges Associate about 7 days out before trial and all you say is Dear...blah blah, my case will be relying on evidence in the form of Audio & Video, can you please make available the technology to accommodate this request, Thankyou. When you rock upto court make sure its all there, and make sure you provide usb copies of the videos in Quadriplicate, one for you, ICL, EX, and Judges associate. Best that you "wetransfer" it across to the other parties a few days before as well.

Cheers
Migz

 

[Inkyb]

Jake...here is my take, and I prey to god you dont have Cassidy presiding over your case in Brisbane, she is one evil s.o.b. My advice unless you know that legal aid will pull her funding for trial then expect the feminist run legal aid to send in their best Barristers. If you can get a direct brief Barrister then you should only be paying $3500 to $4000 a day...not that anyone other than a heart surgeon or brain surgeon is worth that, and definitely not a scum bag family law barrister, and don't use David Edwards in Brisbane the guy was a complete and utter failure and should be stricken from the bar. Next, do everything in you power to have the bogus DV absolutely torn to shreds during your trial...why...because if that case is still running (as I assume it is) you can then contact Auscript and ask for that hour or so of cross examination and pay your $500 to $1000 and you can use that as evidence in the DV Courts of Queensland later down the track. Lastly if you are on side with the ICL and you know what their "Final Orders" states and its inline with what you want, then write up the same thing and you will get it over the line easy.

Lastly the registrars in Brisbane are a bunch of wankers, their sole purpose is to try and stop your case progressing to trial, all they want is for parties to talk it out, well Mr.Registrar you tool I wouldn't be here if the other party was mature and actually talked, and followed orders...

As for video & audio evidence, it's pretty simple, you email the Judges Associate about 7 days out before trial and all you say is Dear...blah blah, my case will be relying on evidence in the form of Audio & Video, can you please make available the technology to accommodate this request, Thankyou. When you rock upto court make sure its all there, and make sure you provide usb copies of the videos in Quadriplicate, one for you, ICL, EX, and Judges associate. Best that you "wetransfer" it across to the other parties a few days before as well.

Cheers
Migz

Hi Migz
My son has just been appointed David Edwards QC as his barrister. Should we be worried.
Cheers
Inkyb

 

[Jake Matherson]

4 Years, $100,000 in lawyers/Barristers a 3 Day District Court trial to be acquitted of all charges and free to go.

An update for you guys that have been following along over the years.

My ex accused me of assaulting her in 2018 however she did not want to press charges. Unfortunately for me the QLD police did and so began the 4 year ordeal of proving my innocence.

I was accused of Assault occasioning bodily harm and strangulation in a domestic setting they both have a maximum of 9 years attached to them however as this would have been my first offence I was looking at a 2 year sentence and would be likely to serve 1 year inside.

As the years rolled on my EX spiraled out of control (drugs and other associated crimes) therefore I have had 100% care of our son for the best part of 4 years now. He just turned 5.

My criminal case was running along side my Family Court Case. The FAM case got to the point were they would not set trial dates for fear of both parents being sent to jail so that threw a spanner in the works. Adjournment after adjournment as we cant proceed until one or both of our matters are dealt with.

The big day approached, I offered to accept a common assault charge in exchange for dropping the other charges as a risk management strategy to keep me out of jail as I have a boy at home that needs his Dad. The police rejected my offer.

So, a District court trial was the next step. I sat in that court room for 3 days before a jury of 14 strangers who held my fate in their hands. 3 Days staring at the same light fixture on the back wall not flinching a muscle when the police prosecutor spat out twisted facts of the truth.

3 Days of hell and not knowing if I would be going home at the end of it. It's all the little things you don't think about like who's going to pay my phone bill and car registration. It's all the little inconveniences not to mention who's going to look after my boy as he can't go to his mother.

The final verdict. NOT GUILTY of all charges. Case dismissed, defendant excused. It was over in 2 mins flat. 3 full days of hell and then POOF! done, go home and get on with your life.

Now, the Family court case is still ongoing but that will be a walk in the park by comparison. We have been ordered to undertake our third family report as the previous two are outdated and then we have consented to undertaking court appointed mediation (it's a waste of time in my opinion) hopefully after that we can have trial dates set and get this finished before we hit 5 years in court.

When you're walking through hell, just keep walking.