Donate Child Support Calculator
Skip navigation

Trial by jury

Is Trial by jury avalible in the family court?

Is Trial by jury avalible in the family court?
No… Generally juries are associated with criminal hearings.  Where reasonable doubt verses beyond all probability.  Family law is civil and evidence is usually paper based.
How about video evidence, how do I get video accepted as evidence?
Why was it rejected the first time?
I handed if up to the magistrate in the 3rd FMC directions hearing with my affidavit, now I am in Family court so need to start from scratch, new affidavits and try to enter the video dvd into evidence, I annexed it wit an affidavit with a application in case objecting to the corrupt family report
Steve121 said
I handed if up to the magistrate in the 3rd FMC directions hearing with my affidavit, now I am in Family court so need to start from scratch, new affidavits and try to enter the video dvd into evidence, I annexed it wit an affidavit with a application in case objecting to the corrupt family report
 
So was it rejected because the application was rejected? I have to say that making allegations of corruption is not likely to be successful. The evidentiary standard is very high and the relevance to the matter at hand is at best tangential. Moreover, b focussing on that, you may have caused the Magistrate to form a view that you are "unfriendly" and hence to discount both your evidence and your role in your children's lives. I know that's harsh, but the law is designed to encourage cooperation rather than confrontation.

I know it's tough mate, but you're going to need to tell a great deal more of your story if anyone is going to be able to help you. The Law is complex and it is applied differently in diferent circumstances. If anyone is to give you advice that will actually assist you, they will need to know the details. Perhaps you might try sending a whisper to one of the SRL group members. It's not a public communication and you may get some helpful advice. have a look at the groups tab at the top of the page.

Just be aware that the group only helps those who help themselves. If you are determined to do things that will not help your case, the members will probably not be of much assistance.

Best of luck.
'Family Court of Australia' … "Affidavit: This was declined for filing as you can not "annex" a CD/DVD. You should seek legal advice re seeking such items as evidence at a trial."

Last edit: by Steve121

You'll probably need to seek leave to submit video evidence, with specific reasons as to relevancy and with references to the specific part(s) of the recording you are referring to. You will probably need to have a transcript prepared for the Court's consideratin. Courts don't like to spend a lot of time on things that are not clearly defined.

I should also mention that you will need to be aware of the Privacy Act as it applies in your state. There should be no concern from the Commnwealth, since video recordings and audio-visual recordings are not covered by federal legislation.

You really do need some proper advice.
How do I "seek leave to submit"? What is "evidence in chief"?
Mate, you need proper advice. Talk to the SRL people, they are on top of all of this. I can only reiterte that I think you're going to waste a lot of time and emotion on something that isn't productive if you don't get that advice.
Steve121 said
How do I "seek leave to submit"? What is "evidence in chief"?
 
I think there have been enough replies regarding Juries.

Attaching a DVD to a written document is a sure-fire way to antagonise the Court as Affidavits are primarily written documents. To use Video evidence you will have to apply for leave of the Court and you will have to convince the Court that the evidence is fundamental to your case. In this instance 'leave' means an application to the Judge that will hear your case.

To appeal against a decision made in either The Federal Magistrates or Family Court you must first appeal to the Family Court. If the appeal is unsuccessful you could apply to the High Court to get the decision overturned and return the case to the original Court. Appeals in the Family Court are complex and even more so in the High Court. You would need legal assistance or be very conversant with legal issues and I strongly suspect the later would be a problem for you. Asking what Evidence in Chief is convinces me you have either not read or absorbed very little during your time on this site. You are already asking about going to a higher Court which means that for various reasons you expect to lose in the Family Court.

I note you often do not respond to questions or are very evasive and selective. It is not usual for cases to be transferred from the Federal Magistrates to the Family Court and three of the major reasons are:
1  The case has become complex and is expected to be of longer duration than originally thought
2  Magellan type issues have been raised
3  A Family or other report is extremely negative to one or both parties and this would result in a more complex decision making process.
Why has you case been transferred?
 Thanks Conan,
 
 I is complex, and a sad business all in one, after 18 month, I really couldn't begin to explain… How do I 'Apply to the Judge that will hear your case' for leave? As the DVD is essential to my case.

 

Last edit: by Steve121

1 guest and 0 members have just viewed this.

Recent Tweets