Your client’s star witness has lied in an affidavit filed in court – what do you do?
By Michael Dolan.
You are acting for an international company which is the applicant in a Federal Court commercial dispute regarding patent rights and you have filed in court and served an affidavit prepared by you sworn by your client’s Australian manager. The respondent’s solicitors have contacted you to advise that certain parts of your client’s affidavit are untrue and they provide you with clear documentary evidence supporting their position. What do you do?