QLD What to Include in an Affidavit?

[SelfRepHelp]

I am putting my affidavit together. My question is, if I have made an offer (or offers) to the OP am I able to attach mine in my affidavits?

Some had "Without prejudice except for costs", but many of them didn't. Can I use all of them as evidence, seeing they were my offers? I'd like to show that I have tried to compromise.

If I can't attach them, can I reference them?

 

[AllForHer]

This is just me, but I would think including the full contents of your proposals is going to supersize your affidavit unnecessarily, and without much relevance to the child's best interests. I would just state when proposals were made if you're including a history of the proceedings (usually a good idea).

 

[SelfRepHelp]

OK. Thanks. I'll do that then. So there is no issue with me including the offers I've made. What about the offers he has made?

 

[AllForHer]

There's no issue with including them, but what are you trying to tell the Court about the child's best interests by submitting them?

 

[SelfRepHelp]

I was trying to demonstrate that I have attempted to resolve this without protracted litigation. I made offers of compromise...

 

[SelfRepHelp]

New question - so if it's not worth attaching those offers, I wondering what is worth attaching to an affidavit. In my affidavit I quote parts of messages. Do I need to attach a copy or can I just discuss it, like I will the offers?

My affidavit has to go in today....

 

[Rob Legat - SBPL]

That can get technical: it's very difficult to tell you exactly what to put in without seeing all of the information. As a general procedure I would suggest:

- Only include relevant messages. Exclude 'double-ups' unless you're trying to prove the importance of repetition;
- Refer to the important part of the message in the body of your affidavit, and attach a full copy of the message so that the judge can see the context of the information presented.

 

[Lennon]

I disagree with the above. Evidence of offers of compromise of a dispute are inadmissible and should not be included in an affidavit (whether they are marked "without prejudice" or not).

See Evidence Act s 131.

 

[Rob Legat - SBPL]

There are exceptions to that provision. Without a lawyer going through it, a self-represented litigant is likely to find it hard to know what is and what is not admissible. Better for them to let the court make the decision.

 

[Lennon]

There can be costs implications for filing affidavits with inadmissible material in it, so I don't agree that it is appropriate to just put it in and let the court make the decision.

There are exceptions, they are clearly stated within s 131 of the Evidence Act itself.