Day: May 10, 2009

Protected witnesses protected from self-represented litigants

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The respondent to a family violence intervention order is not allowed to personally cross-examine a protected person in an application for an intervention order: Family Violence Protection Act 2008 s 70.If the respondent isn't represented by a lawyer, the Act requires a magistrate to direct Legal Aid to represent the respondent for cross-examination of the …

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Subpoena of documents

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The Chief Magistrate's Practice Direction No 5 of 2005 requires that summonses (or subpoenas) for documents must be raised on the contest-mention date. (This doesn't apply to disclosure required by Schedule 2 Clause 1A of the Magistrates Court Act 1989.)Sometimes, the material sought is handed over voluntarily. In other cases, after discussion between the parties …

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