[2600-AU] Apple cannot be trusted - violation of Australian federal Data Protection/Electronic Crime Law

[Zenaan Harkness]

Ah yes, I would agree that if you have an affidavit, and you do NOT
have the witness there to be cross examined on their affidavit, THEN
the affidavit will get thrown out at the hearing.

The solution to this is simple - ensure your witness (or you, if it
is your affidavit) actually turn up to the hearing of your own court
case.

That is an important fact about witnesses, and the same deal applies
in the higher courts - if your witness does not turn up, an affidavit
will not help, since the other side cannot cross examine the witness
about their affidavit, and so the affidavit gets thrown out...

That's a specific circumstance you should be prepared for.

Of course, if it is your own case, and your own affidavit, presumably
you are going to turn up to the hearing, and so the affidavit in this
case cannot be thrown out - but your opponent can of course ask to
cross examine you, and then you get into the witness stand and they
cross examine you.

If you are not confident in the facts of your own case, or if you are
not confident generally, and you can afford a barrister, it is almost
certain you'll get a better outcome by paying for a barrister and
lawyer. But that costs a lot of money.




On Wed, Dec 04, 2019 at 05:13:31PM +1100, Sid E wrote:
> Just because an affidavit can be used in an application doesn't mean it can
> be used within a hearing.
> 
> You can't question an affidavit, thus it allows a "witness" to deliberately
> leave things out and not give the other party a chance to either disprove
> it or add more to it during questioning
> 
> Therefore an affidavit can't be used as evidence whilst a case is actually
> being heard, the witness or party has to physically be there (or via
> video).
> 
> --