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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42322
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Once you lodge an affidavit in Victoria in the supreme

Customer Question

Hi - once you lodge an affidavit in Victoria in the supreme court, with originating motion, can any member of the public obtain the material and if so what is the process for them to do so ?
Submitted: 7 months ago.
Category: Australia Law
Expert:  Leon replied 7 months ago.

Good Evening

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 advice but a guide to assist you.

It is on the court record and it can be accessed but not by anyone. Whilst the matter is being run only parties to the proceedings can access it from the court.

Once the matter is finalised then the court file can be accessed by anyone who requests them.

You have to make an application to the court to access any file and pay a fee but as I said only when the matter has been finalised and a decision made.

I hope this makes sense and is of assistance. If there is nothing further

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If I have missed anything, or you have any further questions please let me know

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Customer: replied 6 months ago.
Thanks Leon, but I was told about a situation where the media could retrieve court documents ( affidavit ) before the trial was completed ? Is this possible ? Based on your reply no one who is not a party should be able to access them until the end of a matter - could you please clarify and thanks again
Expert:  Leon replied 6 months ago.

Good Morning

They cannot see an affidavit unless they make an application. If the court matter is run then they can seek a copy under FOI but not before that.

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