Evidence
A divorce can be an extremely stressful event for all parties involved. However, a divorce does not need turn hostile. Here are suggestions on how to manage a divorce to the benefit of all involved…
In the event of a Family Court dispute, it can be important to document or print text messages, to show that they were sent, received, or read at a particular time. But how is it best to present these electronic messages as evidence to the Court?..
Social media sites such as Facebook, Twitter, Instagram and even professional networking sites such as LinkedIn are increasingly changing the way family law matters are conducted in Australia…
There are numerous tools available within the Family Law Rules to assist in the gathering of evidence in preparation for family law proceedings. These include Notice to admit facts, Subpoenas, Answers to Specific Questions amongst others. Below we explore a number of these tools and at what stage of proceedings they are available and prudent to be utilised…
This article explains the concept of hearsay evidence and under which circumstances it may be admissible in court…
Prajesh Shrestha
Latest posts by Prajesh Shrestha (see all)
- How to File a Subpoena For Medical Records - October 14, 2015
- How to Remove a Judge or/and an ICL from Proceedings - September 3, 2015
- Implications to Pre-Nuptial Agreements – the Pole Dancer Case: Wallace v Stelzer - December 11, 2014
In family law disputes, it might be necessary to subpoena medical records of either the opposing party or a third party. Seeking to issue a subpoena can be a complicated process, and is regulated by court rules of the relevant …..
Recent times have seen increased debate surrounding the use of audio recordings in court proceedings, and particularly, in Family Court proceedings. The key issue with the use of audio recordings in Family Court proceedings is not necessarily their use, but how such recordings were obtained which in turn determines their admissibility as evidence…
In producing a family report, the family consultant usually speaks to all significant parties involved in the case including the child/ren. How does such process likely affect the emotional well being of a child? Is it necessary for the child/ren to be included in such process?..
The nature of child abuse in a family context makes such cases difficult to prove. For this very reason, it is imperative that the law develops an approach to cater to the evidentiary difficulties involved in child abuse cases to ensure that children are free from abuse or risk of abuse. ..
Family violence is defined in the Family Law Act as “violent, threatening or other behaviour by a person that coerces or controls a member of the person’s family, or causes the family member to be fearful”- how does the psychology industry view such definition? ..