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PRIVATE PROSECUTION against person who has committed PERJURY?
Can I privately prosecute a person for committing perjury?
(short backstory) my father has filed a frivolous intervention order (FVIO) against me and he LIED ON HIS STAT DEC. I was originally going to file an FVIO against him, however I might instead pursue private prosecution against him for committing perjury.
Is this possible?
How would I do this?
Can I prosecute my father privately at the first hearing for the frivolous FVIO?cheers
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5 Replies
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Q and A this coming Wednesday!!…..https://solutionsempowerment.org/event/extra-special-qa-november-22/
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You could serve papers on the day if the case has been lodged. The DPP will review the case and have the power to take it over. If they do they will often withdraw it.
If there is a FVIO in place, the subject of it, might not be able to file private prosecutions but that is probably dependant on the scope of the FVIO.
As per MJ. good question for the Q&A. It is possible to monetise a crime, so you are not looking for a criminal conviction but a claim of the monetary penalty of such e.g. perjury + liquidated damages.. which I think is 3x the financial penalty.
For commonwealth look at the Statutory Declarations Act 1959
Victoria: Crimes Act 1958 S. 314 (2)
Other state acts are available….
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Good answer mate, much appreciated.
What additional notices/affidavits should I file on the day of the FVIO court hearing along with the private prosecution paperwork? (Hearing is in 7 days.)
I’m assuming; my own affidavit of truth, and an affidafit to directly contradict the stat dec of the adversary.. (what else would you file?)
Cheers
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do you have evidence of the falsehood? A He said, they said situation might cause who ever is hearing the matter to err on the side of caution and grant the order…
In Victoria, I think this is probably the form completed? Declaration of Truth: https://www.mcv.vic.gov.au/sites/default/files/2020-03/Declaration%20of%20Truth.pdf
I don’t know where you are so just throwing that one out there.
As to a private prosecution I don’t have any examples of a PP to go on. I’d ask in the next Q&A. It could be put in to action after the hearing.. which is where the act would most likely be confirmed. Although if the document is whats used it says falsely making that document is an offence under the FVPA 2008
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Yep I’m in Victoria and that is the doc he used.
Great, I’ll bring up the perjury he committed at the FVIO hearing and use that as the basis to pursue Private Prosecution after the hearing!
How would you bring it up at the hearing?
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