Your affidavit should include all the evidence you use at the hearing. There are slight differences between preparing an affidavit for an interim hearing and a final hearing.
In an interim hearing, the court is most likely to consider the affidavit and arguments from each party about the main issues of their case.The process of cross-examination is rare at an interim hearing.
At the final hearing, each party’s evidence is looked at in more detail. You and your witnesses may be cross-examined on the contents of affidavits. You can also cross-examine the other party and witnesses on the contents of their affidavits. The processes of cross-examination and re-examination may not be used in Division 12A cases unless the judge or federal magistrate decides for this to happen.
It is unlikely that you will be allowed to give oral (spoken) evidence at a final hearing or trial about something you have not included in an affidavit. The reason is that if one party introduces new material on the day, the other party may be disadvantaged. This is because the other party did not have time to prepare material to cover the issues raised by the new evidence.
This article provides basic information only and is not a substitute for a professional or legal advice . If you are likely to be involved in court proceedings or legal action, you should get advice from a family lawyers.Divorce lawyers Melbourne , Divorce lawyers Brisbane , Divorce lawyers Sydney, Divorce lawyers Canberra
