Thank you for those pointers. Yes, VCAT/NCAT etc often have a "state clearly and briefly what happened" section on their "application forms", usually also with a suggestion to "attach an additional sheet if you can't fit it in this box" type of thing. My personal (IANAL) preference is to present my own matters, even in the higher courts (I am in the Vic Supreme Court at the moment on the "right to be heard in my own defence, when I am caused to appear in court" basic human right). As to your assertion that "An affidavit can't be used in a Magistrates Court" - this is simply not true, and is IMEHO, an egregious suggestion to those who might choose to self represent. Many times I have filed affidavits into the Magistrates' Courts of both Victoria and New South Wales, and on one occasion only (when I believed it was in my interest to do so) did I file a Statement (self signed, not even a statutory declaration). Further, I have spoken personally with/ seen, acquaintances who began with a court case in the Magistrates' Court, and proceed on some sort of appeal into the Supreme Court, have to re-do their statement or stat dec, and file it as an affidavit (the only form the Supreme Court accepts). I was even supporting a self represented VCAT defendant, who actually filed an affidavit to lay out his version of events - VCAT accepted that affidavit, and he relied on it during the hearing. So if you have some authority to back up -why- it is that you say "An affidavit can't be used in a Magistrates Court", then I would very much appreciate a link or copy of the document, so that I can read that authority (law, regulation, section or other document) which you are referring to. Especially given that you say you "work for the cyber police", any insight into such laws or regulations would likely be useful for humble folks such as myself - so thank you in advance. On Wed, Dec 04, 2019 at 02:42:57PM +1100, Sid E wrote:
An affidavit can't be used in a Magistrates Court, and I don't believe they hold much weight under a Tribunal (VCAT for example), if you are representing yourself, and VCAT doesn't allow you to be represented by a legal professional automatically, you have to apply to be allowed to.
There is some exceptions to this and considering its Apple they will be sending a full team of overpaid legal thugs to quickly stomp out anyone who dare slander the cult of scientology *cough* sorry Apple.
The rest of your legal advice seems pretty solid though, collect evidence and data.
Trust me, I work for the cyber police
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