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Contravention Application Hearing

Contravention against me, hearing to be held, SRL

I have to attend a contravention hearing soon (I have been accused of a contravention and I am denying it - and had been informed by a lawyer early on in the piece that I wasnt contravening). 

I have a few questions but would generally like to hear from or get advice from anyone who knows about these proceedings.  The FM has already changed things slightly by asking me to supply an affidavit to be served but not filed on the applicant giving my reasonable excuse.  It was explained this is to give the Applicant the chance to see it and the opportunity to withdraw.

I have now been informed, although it may well be a lie, that the Applicant and the person who provides a crucial affidavit in support of his application, will not be at the hearing as they live interstate and that he will be represented by his Barrister.  I did not think you could do that for a final hearing - that you had to be there.  particularly since he is the one that brought the contravention against me.  How would I cross examine someone who isn't there.  Can the Applicant appear by telephone or video link for a final hearing?

I am working on the Affidavit and when that is finished I have to prepare for the hearing and get all my questions together. 

I have applied to the SRL group but they refused my application so if there is anyone here willing to give me advise or help or has been through this themelves and knows what to expect it would be much appreciated.

I have read up on contravention hearings and know what should happen according to the literature but the FM has already departed from that by asking me to supply my affidavit early.

Thankyou

God grant me the serenity to accept the things I cannot change, courage to change the things I can and the wisdom to know the difference.
Morning - I have absolutely no advice but I wanted to wish you luck. I would have thought that the applicant would have to appear.

"When we long for life without difficulties, remind us that oaks grow strong in contrary winds and diamonds are made under pressure"
Hi Gecko

Yes I would have thought the Applicant would have to appear too, and of course he may be lying just to get me off guard, but him not appearing will assist me so I am not worried and in fact feel it would be to my advantage if he isn't there.  I just didnt' think it was possible, either to not appear at all or to appear by telephone/video for a final hearing.  Watch this space!

God grant me the serenity to accept the things I cannot change, courage to change the things I can and the wisdom to know the difference.
SRL site appears to be non functional so you may get more information here. Depending on the magistrate, the applicant may be able to attend by phone and you can cross over the phone or video link. Not a good way, but the applicant is probably hopeful this will aid their cause.
Most times a contravention is only lodged if the applicant does feel that it has occurred. You may not see it in the same way as them and visa-versa. Be prepared to offer a payback of time if necessary as it is always good if time is cancelled to give time back. This simple answer stops contraventions occurring so easily.
Kalimnadancer

Thank you for your advice.  Unfortunately we are not dealing with a normal reasonable human being.  A contravention did not occur and I was informed this by 2 lawyers at the time.  In the 18 months since, I have spoken to his Barrister on three ocassions and have been given advice by him and also told that it will probably be dismissed.  The Barrister does not know all the facts of the case either as my Ex witholds crucial information.  I am not the least bit concerned that the contravention will be found - the ex has no leg to stand on.  I am just nervous about the actual process as it is a bit daunting. (even though even the FM made some comments about not continuing with the contravention too!)

I also receive constant threats of more contraventions being lodged, just as a means to bully me into doing what he wants outside of the orders.  I comply with the orders at all times (however difficult).  When one is constantly threatened with being taken to court one becomes very familiar with each and every clause in the orders.  Believe me he is blowing a lot of hot air.

I did offer time back but was advised by the court appointed mediator not to do so as he would not negotiate to drop the contravention!

God grant me the serenity to accept the things I cannot change, courage to change the things I can and the wisdom to know the difference.
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