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My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.
It doesnt matter but anything that is provided to the court has to be in an affidavit otherwise it will not be considered by the court
Anyone the files an affidavit has to be there to be cross examined as well.
You can have a telephone mention but you need the leave of the court.
It is up to the Magistrate to decide what the listing is. They will not list a matter until they are satisfied that the parties are ready.
He has to back up his hardship claims with evidence. SImply saying he is suffering is not enough.
He has to put them in an affidavit and provide evidence of his hardship.
Further to your comment, I cannot give you more than I have and no solicitor can.
Without having all the paperwork from both parties, anyone that tries to give you advise is being negligent.
Without seeing each parties position it is not possible.
I will opt out and leave it for others to look at.
Generally if you want detailed advise the hourly rate is $440.00 per hour and the time it would take to read the material and a conference is about 6 - 8 hours.
Good luck with the mention this morning.
I note the previous expert has opted out so I will try to assist you further.
Whilst letterhead on a report is not of itself a requirement for a report to be considered by the court, it might be a basis for other parties to question its validity, but as the previous lawyer suggested, ultimately, this would be done by subpoena or summons for the reports author to appear to give evidence, at which point their credentials and basis for the report can be challenged before the court. Prior to dealing with the matter in court, you might simply take steps to track down the author to confirm they exist and that they did in fact prepare the report.
As to their being a mention of the matter before the court by telephone, that is not an uncommon thing, but a full hearing to determine issues on a final basis will generally require attendance at a courtroom and cannot be conducted via the phone.
I trust the above assists. If you elaborate on the nature of the supervision on which the report was based and the issues before the court I, or if you have any follow up question regarding the above, then I may be able to comment further, otherwise please rate my answer.