How do I respond to new information presented in my ex-partner's affidavit?

Here's how to respond to new information in your ex-partner's affidavit, explained in plain English and with more detail:

In Plain English

If your ex-partner introduces new information in their affidavit that affects your case, you have a chance to respond. You can do this by filing another affidavit that addresses the new points. Make sure your response is clear, factual, and directly related to the issues in dispute. If the new information significantly changes the case, you might need to amend your own documents to reflect this. The court needs to be satisfied that everyone has had a chance to respond to the evidence.

Detailed Explanation

When new information surfaces in an affidavit, here's how to address it, based on the provided legislative context:

  1. Responding with Your Own Affidavit:

    • You can file your own affidavit to address the new information. According to the Federal Circuit and Family Court of Australia (Family Law) Rules 2021, an affidavit must:

      • Be confined to facts about the issues in dispute (rule 8.16(1)(a)).
      • Be confined to admissible evidence (rule 8.16(1)(b)).
        • Ensure your affidavit directly responds to the specific points raised in your ex-partner's affidavit.
        • Follow the formatting requirements outlined in rule 8.16(1)(c)-(e), such as signing each page and ensuring it is sworn or affirmed.

  2. Amending Documents:

    • If the new information significantly alters the landscape of the case, consider amending your existing documents.
    • To amend a document, you must file a copy with the amendments clearly marked, as stated in rule 2.52(1) of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021.
    • Amendments can be made by striking through old text and underlining new text (rule 2.52(3)).
    • Rule 2.53 allows you to amend a document you previously filed within 14 days of being served with an amended document that affects it.

  3. Objections to Material in the Affidavit:

    • If the new information is inadmissible, unnecessary, irrelevant, scandalous, or argumentative, you can object to it.
    • Rule 8.18(1) of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 allows the court to strike out objectionable material from an affidavit.
    • Material containing opinions from unqualified persons can also be struck out (rule 8.18(1)(b)).

  4. Cross-Examination:

    • To test the new information, consider cross-examining the deponent (the person who made the affidavit).
    • Rule 8.20(2) of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021 requires you to give written notice to the party who filed the affidavit at least 14 days before the trial, stating the name of the deponent you want to cross-examine.

  5. Ensuring Fairness and Understanding: