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Ask Leon Your Own Question

Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42332
Experience:  18 years experience. Admitted in New South Wales and the UK.
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im having problem understanding how to create affidavit tab

Resolved Question:

im having problem understanding how to create affidavit index for court apple as it get rejected by apple officer in family court W.A can you help me with template but it is not to  court standards

Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.
Good Morning
My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question.
I am not sure what you are referring to.
Customer: replied 1 year ago.

Hi and good morning


i have created affidavit about 150 pages with evidence to support my appeal to family court of Western Australia

i have numbered pages 1 to 150

i have inserted annexure marked "A" to "T"

annexure (exsibits) marked "A" totaling of 9 pages consist of new evidence to support my case .

Each annexure holds new evidence that my partner have not disclosed to court . eg.. submitted to court forged documents sail of property ,my new evidence extract from land management office is the evidence that she was not bean honest to court .

annexure "B" New evidence that she had $120,000 in the bank when she arrived in to Australia and spend to renovating my house

under Annexure "B" is new evidence that she had Bank account held in her name with 120,000 but no evidence of using this account to wedrow money from neader she disclosed this in her financial statement .

requested by Mr T Kuurstra regional appeal registrar family court WA that i need to index may affidavit and tabulated .

I have used template from Appeal index's book but this was no good and rejected

! have you had experience in Appeal proceedings ?

2 haw you created evidence exhibits holding approximately 18 odd . difference new evidence to support appeal .

what i need is you to think how you are going to produce defenc affidavit holding all this evidenc and presented to court so judge can understand

regards Marko

Expert:  Leon replied 1 year ago.
Good Morning
The form is at the following link
As you refer to the annexures in the document you say that the annexe is attached and marked with the letter "A" "B" etc
Have you filed the applicator for the appeal?
Customer: replied 1 year ago.

hI Leon

I have failed Affidavit it was excepted , as large fail of 150 pages it was requested that i index affidavit i have used temple from index's appeal book but this was not correct

Expert:  Leon replied 1 year ago.
Good Afternoon
By indexing they mean number the pages and then create a table setting out the page where each annexe starts. Like a book.
That is all they want you to do.
Customer: replied 1 year ago.

Good morning Leon

Yes i have created page numbers ,and i have created index reference to each annexe starts but not exceptionable


Annexe Evidence Date Page No.

" A" CBA Bank Statement"s 07/09/2008 36

" B" Photographs house before 2007 01/2007 38

" C" Bundle of photographs and Passport

Copy evidence to support difference 12/2006 57

"D" International student enrollment 05/2007 69

"E" United Credit Bank Statesmen evidence 04/2007 70

Financial situation

this haw i hew presented to F.C but not excepted

I just don't know the reason this holds crucial evidence weach my lawyer head in possession before trail newer used as in deference

My partner has not disclosed $71.000 in CBA bank ,evidence that she obtained dividend from house in germane in property settlement in 2007 but house did not belong to them in previous marriage the photographs and condition of my house before she arrived

All this exhibit is the evidence that she hew not spend $120,000

or renovated house and supported me from November 2007 to August 2008

if i cant use this evidence to support my deference i my asvel take my 9mm end blow my brains out it is just getting to complicated if i must sell house to pay her $ 89 ,000 i have no option and will not live on the streets as in 1990 i newer owned money on any of my assets during marriage or before ,

thanks for you time and effort to assist me

Regards Marko

Expert:  Leon replied 1 year ago.
Good Morning
What is your appeal about? You cannot provide new evidence that did not exist at the time.
Are you appealing or trying to set aside property orders because of failure to disclose under section 79A of the family law act?
Customer: replied 1 year ago.

Thanks for Reply

yes im trying to appeal against order wich has bean granted to present new evidence in appeal trail scheduled 10 Feb 2015

May Lawyer at time of trail fail to submit evidence or used evidence to support my case hi haw not informed court of crosses examination neater was aloud to use evidence due to failing to comply.

Evidence that im using was in the applicant fail but the information was handed to as one day before court hearing about 180 pages

i have located evidence in applicant fail but newer submitter to court

that she had forged documents and fail to relive information of her bank account ,fabricated elegation about my house and back injures

fabricated elegation that i was on invalid pension that she was supporting me during marriage

I have not read section 79A i will thanks

is any simile trail appeal that you know that can be refereed to eg.

Case(s) referred to in judgement (s).

Beck&Beck (2) (1983) FLC 91-318

CCD&AGMD (2006) FamCA 1291

DD&D (2006)FCA 245

Stanford v stanford (2012)247 clr 108

this was used in original trail by her lawyer

this is just confusing

the honourabule justic Thackray have advised me to read and use as case guide but cant find and dont understend

Expert:  Leon replied 1 year ago.
Good Afternoon
I cannot comment on the cases you have to read them and then you can see what they are about and how they apply to you.
You can access them on austlii
If it is for more evidence then you are probably seeking to have a whole new hearing
Expert:  Leon replied 1 year ago.
Good Evening and happy new year
I'm just following up our discussion earlier this week and seeing whether there is anything else I can assist you with.
If I have missed anything, or you have any further questions please let me know.
If there is anything else in the future please do not hesitate to ask.
Please do not forget to leave positive feedback.
I look forward to hearing from you.
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42332
Experience: 18 years experience. Admitted in New South Wales and the UK.
Leon and other Australia Law Specialists are ready to help you

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