Credibility, credibility, credibility

Credibility, credibility, credibility

Often when there is a vicious family law fight, who gets believed can be critical to success. This is especially important when there is often a lack of witnesses, other than the sometimes predictable cheer squad witnesses for each of the parties.

This issue of credibility was raised in the latest Asista newsletter in the States, to deal with applications to remain in that country based on extreme cruelty. What is said is apt for family law disputes in Australia (although the procedure is different):

“Avoiding credibility problems

In the self-petitioner’s own declaration, it is extremely important that the self-petitioner provides as much detail about the effects of the extreme cruelty on her as possible. She must come across as credible as possible, which means her representative must check the full application to ensure that facts (dates, places of residence, etc.) are consistent throughout, including documentation andprior applications on her behalf.If there inconsistencies, explain them in your cover letter, do not wait for the VAWA unit to notice them and ask you to explain them. Failing to explain inconsistencies from the beginning will raise questions about your client’s credibility generally and heighten the level of scrutiny with which the adjudicator examines all your statements and documentation.”

Things to Read, Watch & Listen

Forced Marriage

On November 1st 2023, Accredited Family Law Specialist and Page Provan Director Stephen Page presented a paper at the Brisbane Zonta Club about forced marriage. I acknowledge the Jagera and Turrbal peoples, on whose lands we meet today, their elders, past, present and emerging. Ruqia Hidari was aged 21 and living in Victoria, when, according to police,… Read More »Forced Marriage

ACT Government Surrogacy Bill

The ACT Government has today introduced a bill to amend the ACT’s surrogacy laws. The proposed changes are more incremental than fundamental. They include allowing a single person to undertake surrogacy, for the surrogate to be single if needed, a requirement for legal advice and counselling beforehand, a written agreement being required, that traditional surrogacy is… Read More »ACT Government Surrogacy Bill

Planning to resolve: ADR in ART

ADR can help resolve disputes in ART cases. ADR is not limited to mediation and arbitration. Other types of informal dispute resolution can resolve disputes. When assisted reproductive treatment cases go off the rails, they can have the next level of bitterness and volatility. There can be a keen sense of betrayal when things don’t… Read More »Planning to resolve: ADR in ART

Family Law Section Law Council of Australia Award
Member of Queensland law society
Family law Practitioners Association
International Academy of Family Lawyers - IAFL
Mediator Standards Board