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False Allegations

Costs against Mother an is 117AB Retrospective

SHARMA & SHARMA 

FAMILY LAW - COSTS - Where father asserts mother knowingly made false allegations and statements - Whether s 117AB operative - Applying s 117AB to
proceedings commenced before but finalised after section introduced does not offend presumption against retrospectivity - Whether pursuant to s 117AB father entitled to mandatory costs - Significance of reference to proceedings - Order made


Worth reading because of the costs issue and the retrospectivity of 117AB.

117AB   Costs where false allegation or statement made
             (1)  This section applies if:
                     (a)  proceedings under this Act are brought before a court; and
                     (b)  the court is satisfied that a party to the proceedings knowingly made a false allegation or statement in the proceedings.

             (2)  The court must order that party to pay some or all of the costs of another party, or other parties, to the proceedings.

117AB not retrospective but duty not to mislead is intrinsic.

Allegations made in local Courts ie AVOs not a factor unless repeated in the Family Courts. I think we might take this as local Courts do their own thing and AVO issues may NOT have a bearing in the Family Courts. This is something the Feminists Groups have been up in arms about - the AVO weapon being 'blunted' by the Family Courts


Attachment

Last edit: by Secretary SPCA


Executive Member of SRL-Resources, the Family Law People on this site (look for the Avatars) Be mindful what you post in public areas. 
Yes the A.V.O , i have found and heared that most relation ship brake downs have A.V.O  used by the mother , in the Early parts of the relation ship brake down. even if fulse thay normily get them tho the courts {local}
I was luck that the police would not put a A.V.O on me when the mother asked then to 3 times at the start of the relation ship brake down , but a short trip to the Local court by the mother and i was fighting a A.V.O , the police would not put it on , but the Local court would , and i feel the family law court should have the power to take them of and hold Fake A.V.O  as aligation to stop all hold the children after all is this in the children intrest , Local court puting A.V.O on when the police would not ??? and people are getting away with it , in the family law court , people are going to jail becouse of fulse aligation made tho the local court, when its a family law mater realy
malmsteen said
Yes the A.V.O , I have found and heared that most relationship break downs have A.V.O  used by the mother, in the Early parts of the relationship break down. Even if false thay normily get them through the courts {local}….
I would advise that there are new sections of the Act that specifically exclude AVO material from proceedings unless the AVO is final. It is absolutely important that you understand this. IF she gets an AVO against you which is ordered and not defended by you it will be used in the Family Court case. However she cannot use it unless it is final. That is if it is being defended and not final it cannot be used as evidence in the Federal or Family Court.
malmsteen said
…and I feel the family law court should have the power to take them off and hold Fake A.V.O  as alligations to stop all contact with and hold on to the children …after all is this in the children intrest, Local court puting A.V.O on when the police would not ??? and people are getting away with it , in the family law court , people are going to jail becouse of false aligation made through the local court, when its a family law matter really
I am not exactly sure I understand what you are saying here. IF there are false allegations then the post in this topic shows you a case where the judge has determined there were fasle allegations and has made penalties. A delinquent parent who does not facilitate contact with the other parent (As prescribed in law) are being sent to jail. See recent news item on this site.

The new laws are very clear so I would not be making false allegations anymore as there are severe penalties, whereas before there were not. I do not know many cases where people are being sent to jail through false allegations made in the local court. You can say what you like in a local court as family matters are never decided there unless the parties agree on orders. Orders by consent in other words. The things you are dealing with in the local court are the AVO proceeding only and of course you will be explaining the fact there are bitter and protracted Family Court matters going on. Please contact me a week before your hearing so I can attend yourr local hearing. :thumbs:

Executive Secretary - Shared Parenting Council of Australia
 Was my post helpful? If so, please let others know about the FamilyLawWebGuide whenever you see the opportunity
 
thnaks for u help it was my ex that made alligation over me with A.v.o and child abusses , I was hoping that the a.v.o mater could be delt with by the family law court not the local becouse there is paper work that cant be showen in the local court that showes the mother trying to set me up over A.V.O , alligations and over things
malmsteen said
thnaks for u help it was my ex that made alligation over me with A.v.o and child abusses , I was hoping that the a.v.o mater could be delt with by the family law court not the local becouse there is paper work that cant be showen in the local court that showes the mother trying to set me up over A.V.O , alligations and over things
 

Malmsteen you are aware? that the local Court is a State Court and the Family Courts are Federal? Federal Courts do not intervene in State Court issues such as AVOs - neither do they have any Commonwealth powers to hear the case.

A Federal Court can issue an order which 'overrides' a State Court order.

What do you mean by 'paperwork' that cannot be shown?


Executive Member of SRL-Resources, the Family Law People on this site (look for the Avatars) Be mindful what you post in public areas. 
I would be showing any paper work needed to make sure you did not end up with an AVO. You need to ensure the Judicial officer in the local court is very clear on what is going on in your case and you need to show any paper work neccesary. (I assume you mean the family report done recently) Your solicitor should be getting you an urgent hearing in the Federal magistrates Court in New Castle based on the report you have received (previous posts).

Based on some of comments in the report you have a good case for an urgent hearing. These children are in danger and at high risk now. You should be seeking urgent hearings.


Executive Secretary - Shared Parenting Council of Australia
 Was my post helpful? If so, please let others know about the FamilyLawWebGuide whenever you see the opportunity
 

Old News

This week I attended a network meeting. One of the attendees is an officer with DoCs. He was quite animated about a father with whom he was involved. False allegations had been made and this particular DoCs offier was horrified that the father was both having trouble seeing his children and that it had cost the Father $5000 so far to defend against the allegation of sexual abuse.

For me - Shared Parenting is a Reality - Maybe it can be for you too!
I have paper work from the family law court, from the Expert appointed by the court {family law court }
1/That said the mother all a 3 party eg her mother father tolled my children to say i had sexlyabussed them
2/ That the mother has a drug history,has tryed to set me up in the passed.
3/ That the mother has a anger problem she cant hold her anger she verble assuted my mother in front of the childrenand the expert to invock voilance , has called the father a pertafile in front of the children
4/ she has assuted police in the passed becouse of the anger problem
5/ she hold no regared for her actions in hitting the children with a fliker {a stick item} leaving mark on my children befor hand over whre i had to take my children to the DR becouse of the marking ,
6/ that she will try to set the father up in the future
7/ the expert said to me that withthe drugs around my children that the children would be drugos by 13 , becouse of the drug useage by the mother and her mother father


and i cant show this at the local court aver a AVO matter becouse its a family law court matter the report i mean .
I have been told by the police that if the AVO get in she will have a bad hair day and say i have broken the AVO and be held i jail till a hearing ,
the poilce advice to me was dont give the kids back to her , she is a danger to the kids and u ,
Now i am a big man 6,4 pluse she is 5,7 if i cant show the paper work that shows her history voilance it make it hard to beat a AVO in the lcaol court If she get the AVo in place i feel i have to stop seeing the children till the family law matter is hear in oct this year and it is a family law matter realy, but the police have to act on AVO and hold person on AVO matters if a party said that it has been broken ,  i hope i get my AVO in over hear calling me a petafile around the kids and the voilance from her
Malmsteen - will you please contact The Secretary by phone about using this material to defend your AVO.

Last edit: by Secretary SPCA


Executive Member of SRL-Resources, the Family Law People on this site (look for the Avatars) Be mindful what you post in public areas. 
ok will this week
Hey Malmsteen

You of course know that your spelling is atrocious. How about you cut some of the rantings down to half and use the time saved more profitably by using the Spell Checker provided on the site. I think that would be plain common courtesy and good manners to the people that are trying to help you.

Thank you for for the information on the spell check ,
I am a good reader but my spelling is not the best,   even with the spell check , i have completed my H.S.C , and been to UTS in syd
It can be hard at time in my postion as most of you people know to keap your mind on clear , so i would like to say sorry for the spelling and gramer
I would all so like to thank all the help i have got and getting in this sit , it has not only helped to vent but been very helpful , as i have said ,i have had to look on as my ex has taken all that i owned even things handed down from my dead pop and father , as well as  lost contacted with my children for over a year , knowing that the drug useage and abuss is happing around my children, one of my children said to me the other day that mum kicked my door off my room and she hits hard , all so that she smokes out of a bottle screams at me and hits me ,when i have done nothing wrong and people like docs will not acted ,even afher a dr report saying that are getting hit drugs around them and so on  she knows people at Docs and i thing its a sad state when the mother can lie to the court and do thing like this and get away with it with little being done over it .
 when the police took a AVO out on my ex , i was thing ok things will stop but the local court put a AVO on till the court hearing this month, with a nother hearing after the court hearing over the family law mater , i cant defend the avo aligation that are not true after the family law court hearing becouse of the costs ,
I have found doc to be useless saying to me that when the children brain damage that will act , this was said to me when the police can out to the house and looked at my sons welt marks on this leg black eyes and brusing with finger prints on him , that was reported to docs nothing happened over that, my other child had hairs dawn on he privet parts when she was handed over to me reported to doc police and children rep , still nothing happen ,
and now i am going to court and the court will ask my ex to provide the children to me for more time but the children have had to live tho this and i feel docs the courts and system have let then down , as well as me , what are we showing our children , now the children have lived with the mother most of the time for all most 2 1/2 years and the system has helped me lose my children in more then 1 way , If i do not get to see my children after the court case on the 9th this month , and any 1 from the courts see this , protect my children becouse as it is my children are in danger from the  hitting drugs and abusse from the mother as reported by me the police and other people reported to doc central coast nsw ,It unreal how the system works , i cant get back that year lossed time with my children but the court can take action to the full exstent of the law over the lies made , abusse by the mother ,
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