Lying on affidavit in 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. Whatever the case is, perjury may also follow. In family law matters, some parties commit perjury in hopes of winning a case.
While this is morally and legally wrong, such parties still continue to lie in their statements and/or claims. Why? Maybe they want to win over their child in a child custody case or maybe win over a significant amount of property. Whatever the case is, lying on affidavit in Family Court Australia erodes public trust in the courts and jeopardises the rights of individuals.
What Is Perjury?
As mentioned, perjury is a serious offence in legal proceedings, but how bad is this offence? 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, makes any false statements on oath concerning any matter which is material to the proceeding is guilty of perjury.
The punishment for this offence is liable to imprisonment for 10 years. In Queensland, the maximum penalty for perjury in the family court is 14 years in prison.
To understand perjury better, let’s explore the elements of perjury or lying on affidavit family court Australia. A person who commits perjury generally has a statement that:
- was made when under an oath
- was made in, or in connection with, any judicial proceeding
- concerns any matter which is material to the proceeding
- was made by the person knowing it to be false or not believing it to be true.
The Family Law Act also has provisions for parties who commit perjury in family law proceedings. Section 117 has these provisions. This section states that 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 witness prepares that contains evidence (facts of the case) for a court. These legal documents should always contain facts, not opinions. After all, a court proceeding is not a casual conversation between friends. It is the law, and someone has to pay for lying on their affidavit in the family court
Affidavits should contain all evidence that the party is relying on and support the orders they are asking the court to make. The following people can file an affidavit:
- Plaintiff/applicant
- Defendants
- Witnesses
- Experts on the case
But what about children? Can they give affidavits? Unless the court orders otherwise, a child under the age of 18 years should not prepare an affidavit to support a case. Children can also commit perjury if they know the difference between telling the truth and lying.
A person must file an affidavit 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 matter, 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.
One should be cautious when filing an affidavit. Hence, they should seek legal advice when they want to file the best and accurate affidavit for a case. One does not want to get caught lying on affidavit in family court Australia because of a poorly prepared affidavit.
Click here if you want to download an affidavit for your case.
Lying on Affidavit Family Court Australia: Before You Report
Did the other party in your case lie in their statement? Do you want to report them right away? This 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 an 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 offense, 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 that there was someone lying on their affidavit . You can use documents, recordings, or witness testimonies during the trial to prove this.
- Cooperate with the police. The police can help you prove perjury against another party. Provide the police with all the necessary information and evidence to assist them in their investigation. 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. The Director of Public Prosecutions determines that the offence of lying on an affidavit family court Australia is prosecutable.
When reporting a person who was lying on an affidavit family court Australia, you need to provide as much detail as possible. Make sure to include the date, time, and location of the incident, the names of any witnesses, and any other relevant information. Don’t forget to also provide a statement about what you saw or heard.
I Was Accused of Perjury, and I Want To Defend Myself
In some cases, parties can accuse someone of perjury even though it wasn’t true. Was it done with spite, or was it a bold call? Nevertheless, a person can defend themselves against perjury if:
- They claim that their statement was not made under oath or affirmation
- Their statement was true (If someone provides false statements without knowing they are untrue, they cannot be found guilty of perjury)
- Immaterial statement
Responding to false accusations as soon as possible is highly advisable, as this will ultimately benefit falsely accused people. Moreover, people should address false allegations quickly in writing to the other party or their lawyer to clarify their position.
Lying on Affidavit Family Court Australia: How Can We Help?
Lying on an affidavit family court in 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 of Australia.
Here’s what you need to do:
- Seek legal advice as soon as possible. Don’t just seek legal advice when you’ve already want to claim perjury against the other party. Make sure to seek legal advice from the start of your case.
- Gather evidence. The more evidence you have to support your case, the more likely you are to be successful. Make sure to pay attention to statements and cross-examinations. Luckily, courts also record case trials. This way, you can review the footage and identify any signs of perjury from the other party.
- Be prepared to cooperate with the authorities. The police and the prosecutor will need to investigate your allegations. They won’t simply believe you found someone lying on an affidavit during family court proceedings. Answer their questions properly and provide them with any information that they need about your claim.
Additional Tips
- 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. Don’t stoop down to a person who makes false claims and statements.
- Be aware of your rights. As a defendant in a perjury case or criminal offence case, you have certain rights. You can ask your lawyer about this.
- 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.
- Keep your mind in check. It is recommended that individuals facing false allegations obtain mental health support to manage their well-being. Perjury cases can easily trigger someone to do or say things that may be used against them.
- Prepare for trial. If your case goes to trial, you will need to be prepared 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 the legal system.
