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Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5420
Experience:  Dip Law LPAB - Sydney based lawyer
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I'm wondering if a supervisors written report to the

Customer Question

Hi, I'm wondering if a supervisors written report to the family court in Melbourne Victoria, should have a letter head or whether it doesn't matter? Also could a report in this instance, be emailed to the participants? How will I know if a report is legitimate
or of false writing? The supervision was apparently carried out by a social worker from DHS. Also, can a court mention, also in regards ***** ***** above mentioned, be carried out over a phone call conference between the two solicitors & the magistrate? Could you
also tell me if I can & how to find court proceedings listed for the mention in regards ***** ***** family at the mention? The reason I am investigating with these queries, I have a suspicious feeling that I may be taken advantage of by a certain individual, making
claims of hardship in many areas of his life. I'm a single mother who works hard to earn a living, he on the other hand does not. Before pursuing any further interactions with this individual, I must protect my family and myself from any fraudulent activities.
I'm hoping that you can please help me with some advice. I do respect that the information I have given here is vague, therefore, please feel free to ask me questions in regards ***** ***** I'm happy to answer as best I can for the most appropriate advice. Thanks
kindly Francesca
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Morning

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.

Customer: replied 1 year ago.
The telephone mention is taking place today. Naturally he would need to back up his hardship claims! A clever con artist would have all basis' covered, from beginning to end, that's a given obvious!
There's no need for your judgement on this, I did not ask for your own negative & unprofessional judgment, I simply asked for advice. If you can not help me, then refer my query onto someone who can, considering I have paid $81 for professional advice, not childish judgment.
Expert:  Leon replied 1 year ago.

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.

Expert:  Patrick H. replied 1 year ago.

Hello.

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.

Thanks,

Patrick