QLD Using Affidavit from Federal Circuit Court in Magistrates Court?

[thatbloke]

Never consent to a DVO/IVVO/AVO unless you know you have been caught bang to rights doing something very stupid.

In my personal experience in NSW an affidavit cannot be introduced simply for the sake of it OR just to assassinate the character of someone, they're has to be a specific reason it is allowed in that is not just to discredit someones credibility

Now if it was the other way around.. you can file almost anything you like in Family Law cases as normal rules of evidence simply do not apply.

 

[yameater79]

never consent to anything you didnt do, i got a vro put on me by ex it was all lies i rang lieth erickson and got his advice then seen another lawyer both said same thing so went to court house got copies of transcript and affidavit appllying for the vro and had it thrown out at mention hearing by representing myself and picking apart every lie in both things and stating witnesses were plenty to back me up when she asked if i had anything to say and had a massive pile of printed out texts showing it was in fact other way around magistrate got real pissed off and encouraged the ex to do a undertaking also asking me if i would do that i said straight out i will not agree or consent to anything that will implie the allegations true and said how these things could have massive impact on my future employment and many other things in life going forward she said its being dismissed completely no record this ever happened and the undertaking just a out of court promise essentially , ( basically not worth the paper its printed on) unless things did happen again then it would be reviewed. nothing happened after that the ex didnt do anything the family backed off completely from abuse and everything

 

[Rod]

It is worth fighting if you have evidence as you did.

If you have no evidence and it becomes a she said/he said argument, then the PO will more than likely be granted. And undertakings are a much better option than fighting and losing, and better than orders by consent (without admission), so they are very useful in some circumstances.