Australia Law
Have Australian law questions? Ask a lawyer now.
Connect one-on-one with {0} who will answer your question
Answered in 5 minutes by:
1/26/2012
Brisbane-Lawyer, Solicitor - Admitted 2005
Category: Australia Law
Satisfied Customers: 14,361
Experience: I did my law degree at the University of Queensland
VerifiedThere isn't really a difference as both are referring to the same thing. Basically you defend the Application by preparing and filing an affidavit claiming the documents aren't relevant, and therefore asking the Court to dismiss the Application.
Should you have any other questions, please let me know.
If my answer has been helpful or informative, please press the Accept button. I am also able to answer further questions after accepting.
Should you have any other questions, please let me know.
If my answer has been helpful or informative, please press the Accept button. I am also able to answer further questions after accepting.
Do you mean I have to have a process server to serve my reply on the other side before the court day? Does it have to include any documents I intend to use as evidence?
Yes. And yes, exhibits are attached to affidavits as Exhibit A,B,C,D,etc. You won't be able to produce new evidence on the day, everything has to be done by way of affidavit. Witnesses cannot testify on Application hearings, but they can also prepare affidavits which get filed.
Please don't forget to press the green Accept button.
Yes. And yes, exhibits are attached to affidavits as Exhibit A,B,C,D,etc. You won't be able to produce new evidence on the day, everything has to be done by way of affidavit. Witnesses cannot testify on Application hearings, but they can also prepare affidavits which get filed.
Please don't forget to press the green Accept button.
Brisbane-Lawyer, Solicitor - Admitted 2005
Category: Australia Law
Satisfied Customers: 14,361
Experience: I did my law degree at the University of Queensland
VerifiedBrisbane-Lawyer and 87 other Australia Law Specialists are ready to help you
No, that doesn't make a difference.
1. Yes
2. They can only say things referred to in their filed affidavit material.
3. You can bring them to Court but whether or not the judge will let them be called will be up to the judge's discretion.
4. Yes.
5. If the judge allows them to testify, yes.
1. Yes
2. They can only say things referred to in their filed affidavit material.
3. You can bring them to Court but whether or not the judge will let them be called will be up to the judge's discretion.
4. Yes.
5. If the judge allows them to testify, yes.
Brisbane-Lawyer, Solicitor - Admitted 2005
Category: Australia Law
Satisfied Customers: 14,361
Experience: I did my law degree at the University of Queensland
VerifiedBrisbane-Lawyer and 87 other Australia Law Specialists are ready to help you
No, the witness wouldn't be liable for that - so long as they do not defame the other party. If they are just saying what they heard, that is fine.
Brisbane-Lawyer, Solicitor - Admitted 2005
Category: Australia Law
Satisfied Customers: 14,361
Experience: I did my law degree at the University of Queensland
VerifiedBrisbane-Lawyer and 87 other Australia Law Specialists are ready to help you
How JustAnswer works
Describe your issueThe assistant will guide you
Chat 1:1 with a solicitorLicensed Experts are available 24/7
100% satisfaction guaranteeGet all the answers you need
Related Australia Law Questions
My daughters house fence was damaged between property's the
Hi my daughters house fence was damaged between property's the next door neighbours ins is hounding her for half cost when she had nothing to do with party next door inc 40 invaders who smashed window… read more
John Melis
Lawyer
Bachelor's Degree
35,824 satisfied customers
I have received a letter from lawyers who are a creditor who
I have received a letter from lawyers who are a creditor who are requesting my bankruptcy i NZ High court, I'm an Australian living in Australia … read more
John Melis
Lawyer
Bachelor's Degree
35,824 satisfied customers
I am in WA. But seeking alternative information. We have
We have followed the advice of the WA legal team, but don't seem able to prevent the oppostion from repeatedly creating delays. … read more
kmslaw
Special Counsel
Bachelor's Degree
215 satisfied customers
I need some advice concerning any recourse available to
I need some advice concerning any recourse available to recoup interest payments made to an investment loan. … read more
John Melis
Lawyer
Bachelor's Degree
35,824 satisfied customers
Can you advise what your fees are and how they are worked
Please can you advise what your fees are and how they are worked out? … read more
John Melis
Lawyer
Bachelor's Degree
35,824 satisfied customers
I have had a business sue me in Victoria, and they served
I have had a business sue me in Victoria, and they served the papers at an incorrect address in WA. … read more
John Melis
Lawyer
Bachelor's Degree
35,824 satisfied customers
I was illegally evicted by the head tenant (claimed to be
hi, i was illegally evicted by the head tenant (claimed to be landlord) is this something you can help? thanks … read more
John Melis
Lawyer
Bachelor's Degree
35,824 satisfied customers
Leon...I need to make application to strike out a minor
Hi Leon...I need to make application to strike out a minor civil claim being bought against my company in the SA Magistrates Court. I think I have the right forms...but it's like a second language tha… read more
John Melis
Lawyer
Bachelor's Degree
35,824 satisfied customers
I am away in NZ travelling and I have just heard that last
Hi. I am away in NZ travelling and I have just heard that last week a process server tried to serve me papers to attend Magistrates Court in Queensland Australia. I sold my car some months ago to a bu… read more
kmslaw
Special Counsel
Bachelor's Degree
215 satisfied customers
Magistrate Court WA - VRO matter - issuing subpoenas to produce
Magistrate Court WA - VRO matter - issuing subpoenas to produce documents only (not for witness to attend court). Form 48 - refers to Rule 71(5) of the Magistrate Court (Civil Proceedings) Rules 2005.… read more
Leon
Solicitor
Master's Degree
33,544 satisfied customers
I have a matter currently listed in the Melbourne magistrates
I have a matter currently listed in the Melbourne magistrates court regarding a breach of a deed (contract) - so that I could remain within the time limit of the 6 years deadline we submitted a claim … read more
Leon
Solicitor
Master's Degree
33,544 satisfied customers
Mr Bosworth, of Bilambil Heights, reversed his car into my
Mr Bosworth, of Bilambil Heights, reversed his car into my parked motor scooter. The accident took place in Ipswich. ACAT, on 17/10/12, handed down judgment in my favour. Registered with QLD Magistrat… read more
Leon
Solicitor
Master's Degree
33,544 satisfied customers
Good afternoon a process server was looking for me with court
Good afternoon a process server was looking for me with court documents. He didnt find me and he didnt left the documents. I attend the magistrates court today in WA but they didnt find any summons ag… read more
Leon
Solicitor
Master's Degree
33,544 satisfied customers
i can i find out if i summit to court?? and who are the person
i can i find out if i summit to court?? and who are the person or company that did it and what is the reason to summit me to court??… read more
Leon
Solicitor
Master's Degree
33,544 satisfied customers
for a debt recovery a summons is issued but can not find the
for a debt recovery a summons is issued but can not find the person to deliver the summons. what happens?… read more
Patrick H.
Lawyer
5,422 satisfied customers
My partner has a civil matter pending over the sale of a franchise.
My partner has a civil matter pending over the sale of a franchise. This is now nearly 4 years old and still ongoing. It is affecting my partners health and she is willing to proceed to court. She has… read more
Leon
Solicitor
Master's Degree
33,544 satisfied customers
Hi I am the Defendant in a commercial list case in the County
Hi I am the Defendant in a commercial list case in the County Court of Victoria and representing myself. All defence documents before the court have been prepared by a solicitor. In the event I am una… read more
Patrick H.
Lawyer
5,422 satisfied customers
I am in business in NSW and owe money to company in SA. They
I am in business in NSW and owe money to company in SA. They would not accept arrangement to pay by instalments and now I have received Statement of Claim from SA magistrates court for $20,221. I do n… read more
Advocate
Master's Degree
350 satisfied customers
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
JustAnswer in the News:
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
What Customers are Saying:
Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!
Edmond, OK
My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.
Redwood City, CA
I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.
Wichita, KS
PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.
Houston, TX
Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!
Atlanta, GA
It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.
Apopka, FL
Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.
Freshfield, Liverpool, UK
< Previous | Next >
Meet the Experts:
Sean
Experienced lawyer
855 satisfied customers
Law degree with 1st class honours from Australian National University.
Darren Kruse
Solicitor
16 satisfied customers
Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.
John Melis
Lawyer
35,824 satisfied customers
Family Law, Commercial Law, Property law, Probate & Wills, Employment Law, International Law, Criminal and Traffic Law, Litigation Tribunal & Courts
Leon
Solicitor
33,544 satisfied customers
BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Daniel
Solicitor
7,683 satisfied customers
Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
Patrick H.
Lawyer
5,422 satisfied customers
Dip Law LPAB - Sydney based lawyer
James D. Ford
Solicitor
1,600 satisfied customers
Lawyer | Founder & CEO at Blue Ocean Law Group
< Previous | Next >
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.
