How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Leon Your Own Question
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 45874
Experience:  24 years experience. Admitted in New South Wales and the UK.
Type Your Australia Law Question Here...
Leon is online now

Can false/ derogatory allegations made in an signed affidavit

Customer Question

Can false/ derogatory allegations made in an signed affidavit against a person/people who are not parties in a family court custody be referred for further legal action.
Submitted: 3 years ago.
Category: Australia Law
Expert:  Leon replied 3 years ago.
Good Afternoon
My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question.
Unfortunately no.
The Affidavit evidence can be challenged in the court and if it is found to be false then the court can deal with the party that made it for perjuring themselves.
The parties that are mentioned can also put in their own Affidavits to counter this and they have to be available to appear for cross examination.
What is in the court documents cannot be sent to others. If they do this then it is defamation and you can sue for that.
I hope this makes sense and is of assistance. If there is nothing further thank you for using my services.
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.