CL T2 A3 Part 3 - Objecting to your opponent's affidavits transcript

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CL T2 A3 Part 3 - Objecting to your opponent's affidavits transcript Page 1 of 2 © The College of Law Limited Part 3: Objecting to your opponent's affidavits Video transcript 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 CL205. 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. Judge: Ms Shaw, I'm sure in relation to the Flashman affidavit filed by Ms Stevens, do you have any objections to that affidavit? Lawyer 1: 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. Judge: Ms Stevens, what do you say? Lawyer 2: Paragraph 15 is not pressed, Your Honour. Judge: Thank you. Anything further, Ms Shaw? Lawyer 1: Yes, Your Honour. Also, in relation to paragraph 16, I make an objection to that paragraph on the basis of relevance and opinion. Lawyer 2: Not pressed, Your Honour. Judge: Thank you all, I'll strike both those paragraphs out. Yes, Ms Shaw? Lawyer 1: Yes. My last objection, Your Honour, is in relation to paragraph 25, again, on the basis of opinion and conclusion. Judge: What do you say about that paragraph, Ms. Stevens? Lawyer 2: Your Honour, it is relevant because it answers a point contained in the affidavit of Miss Wentworth that was filed by my friend.
CL T2 A3 Part 3 - Objecting to your opponent's affidavits transcript Page 2 of 2 © The College of Law Limited Miss Wentworth is a former employee of Mr. Flashman. She resigned from Mr. Flashman's employment at a critical time, which is very relevant, relevant to the element of delay in this application. Miss Wentworth now gives evidence on behalf A1. In her affidavit, she says that Mr. Flashman reneged on a promise to her. It is submitted that paragraph 25 is relevant because it goes to her credit in relation to the evidence that she's deposing to in this application. Judge: Thank you, Ms Stevens. Yes, Ms Shaw, what do you say? Lawyer 1: Your Honour, I rely upon what I've put before, and I'll leave that matter to your discretion Judge: I'll allow it to remain in. Ms Stevens, do you have any objections you wish to raise in relation to the affidavit of Lawyer 2: Yes, Your Honour. Paragraph 6 on the basis of hearsay. In the middle of the fourth line, beginning with the words "The Entertainment Tonight", down to the end of that paragraph. Lawyer 1: That's not pressed, Your Honour. Judge: I strike that paragraph 6 out of the words commencing the "Entertainment Tonight" down to the end of the paragraph, yes? Lawyer 2: Yes. Thank you, Your Honour. My next objection is to paragraph(s) 11 and 12 of the Nigella Wentworth affidavit. Judge: Yes? Lawyer 1: Relevance, Your Honour? Judge: Thank you. Lawyer 1: That's not pressed Your Honour. Judge: I'll strike at paragraph(s) 11 and 12. Alright, well, that's the evidence of the parties yet. Ms Stevens, what do you want to say? Lawyer 2: Thank you, Your Honour. Would you like a short background to the matter? Judge: I would, yes. Thank you. If you'd be so kind.
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