Lying on affidavit Family Court Australia, better known as perjury, is the act of knowingly making a false statement under oath. This is a serious offence that can have far-reaching consequences, eroding public trust in the courts, and jeopardising the rights of individuals.
What Is Perjury?
Under Section 29 of the Oaths Act 1900 (NSW), swearing a false affidavit is an offence. Moreover, under the Crimes Act 1900, lying on affidavit family court Australia or perjury is a punishable offence. Section 327 of the Act provides that any person who in or in connection with any judicial proceeding make any false statements on oath concerning any matter which is material to the proceeding is guilty of perjury and liable to imprisonment for 10 years.
To make it clear, here are the elements of the crime of perjury or lying on affidavit family court Australia:
A party made the statement:
- when under an oath
- in, or in connection with, any judicial proceeding
- that concerns any matter which is material to the proceeding
- knowing it to be false or not believing it to be true.
According to Section 117 of the Family Law Act 1975, a person who unknowingly makes false allegations or false statements will pay the legal costs of the other party.
What Is an Affidavit?
An affidavit is a written statement that a party or a witness prepares, and uses to present evidence (facts of the case) to a court. In Australia, an affidavit is the main way to present evidence in family court proceedings.
The affidavit material should set out facts, not opinions. It should contain all the evidence that the party is relying on and support the orders they are asking the court to make. Unless the court orders otherwise, a child under the age of 18 years should not prepare an affidavit to support a case. Witnesses may also need to make an affidavit in many legal proceedings, including family law cases in Australia.
An affidavit must be filed with any application or response seeking interlocutory orders, or as otherwise directed by the court. Affidavits can be filed at different stages of the proceedings, depending on the nature of the case.
For example, in a family law case, a party might be required to file an affidavit when making a provisional application, seeking temporary orders for child custody, spousal maintenance, or property disputes until the final hearing.
Make sure to get legal advice before executing such document because lying on affidavit family court Australia is a criminal offence.
Reporting Perjury in Australia
Reporting perjury may require courage to speak out against wrongdoing but the potential consequences of inaction are far greater. Here’s what you can do:
- Identify the false statement or false allegation. To commit perjury includes lying on affidavit family court Australia, providing a false alibi, or filing a sworn affidavit with false information. The Local Court will handle the case if no decision is made to have the case heard in the District Court.
- Contact the police. As perjury is a criminal offence, it is the function of the police to investigate allegations of perjury. In New South Wales, for example, the NSW Police Force is responsible for investigating allegations of perjury and may refer the case to the Director of Public Prosecutions (DPP) for prosecution.
- Gather evidence. To support your allegation of perjury, gather any evidence that can prove your allegation such as documents, recordings, or witness testimonies.
- Cooperate with the police. Provide the police with all the necessary information and evidence to assist them in their investigation.
- Follow up with the police. Stay in contact with the police to receive updates on the progress of the investigation and to provide any additional information or assistance they may require.
- Prosecution and court proceedings. If the DPP determines that the offence of lying on affidavit family court Australia is prosecutable, they may initiate court proceedings.
When reporting a person who was lying on affidavit family court Australia, you need to provide as much detail as possible, including the date, time, and location of the incident, the names of any witnesses, and any other relevant information. You should also be prepared to provide a statement about what you saw or heard.
Defences to Perjury
There are several defenses to perjury in family court Australia, including:
- Honest belief
- Lack of understanding
- Immaterial statement
- Duress
Seek Legal Advice From an Expert Solicitor
Lying on affidavit family court Australia or perjury is a serious offence, and defences to perjury may not always be successful. Thus, it is essential to seek legal advice from a skilled lawyer if you are facing perjury charges in family court Australia.
Here’s what you need to do:
- Seek legal advice as soon as possible. Perjury is a serious offence, and it is important to have legal representation throughout the process. A lawyer can help you understand your rights and options on the Australian legal system, and can represent you in court if necessary.
- Gather evidence. The more evidence you have to support your case, the more likely you are to be successful. This evidence could include witness statements, documents, or recordings.
- Be prepared to cooperate with the authorities. The police and the prosecutor will need to investigate your allegations, and they will need your cooperation to do so. Be prepared to answer their questions and provide them with any information that they need.
- Be patient. Perjury cases can take a long time to resolve. Be patient and keep in touch with your lawyer throughout the process.
- Be truthful. It is important to be truthful at all times, both with the authorities and with your lawyer. Lying will only make things worse.
- Seek emotional support. Perjury cases can be stressful, so it is important to have a support system in place. Talk to your friends, family, or a therapist about what you are going through.
- Be aware of your rights. As a defendant in a perjury case, you have certain rights. Make sure you are aware of these rights and that you are not being denied them.
- Do not make any statements to the media. Anything you say to the media could be used against you in court. It is best to speak to your lawyer before making any public statements.
- Prepare for trial. If your case goes to trial, you will need to be ready to testify. A lawyer can help prepare a testimony and may even help lessen the maximum penalty imposed on the person found guilty of perjury.
Contact JB Solicitors today if you have questions about your family law matter.
