CL T2 A3 Part 3 - Objecting to your opponent's affidavits transcript
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Part 3: Objecting to your opponent's affidavits
As Applicant in your ex parte matter, you are the only advocate, but note that in a defended
matter, each side can object to inadmissible material in their opponent's affidavit(s). You can
read a guide on how to properly make objections to affidavit evidence in Practice Paper
Practice Paper CL205
AFFIDAVITS, WITNESS STATEMENTS & STATUTORY DECLARATIONS -
Objections to Affidavit Evidence
Note how the Applicant's lawyer refers to the specific paragraphs in the affidavit, and the
basis of objection.
Ms Shaw, I'm sure in relation to the Flashman affidavit filed by Ms Stevens,
do you have any objections to that affidavit?
Yes, Your Honour, I do. At paragraph 15 of that affidavit, I object to that
paragraph being admitted on the basis that it contains double hearsay with
regards to the conversation with a third person and the truth of the content
of that statement.
Ms Stevens, what do you say?
Paragraph 15 is not pressed, Your Honour.
Thank you. Anything further, Ms Shaw?
Yes, Your Honour. Also, in relation to paragraph 16, I make an objection to
that paragraph on the basis of relevance and opinion.
Not pressed, Your Honour.
Thank you all, I'll strike both those paragraphs out.
Yes, Ms Shaw?
Yes. My last objection, Your Honour, is in relation to paragraph 25, again,
on the basis of opinion and conclusion.
What do you say about that paragraph, Ms. Stevens?
Your Honour, it is relevant because it answers a point contained in the
affidavit of Miss Wentworth that was filed by my friend.