Perjury

Questions

• Why do legal practitioners discourage reporting criminal actions such as perjury? Why do they dismiss it with statements like "people lie all the time in their affidavits"? 

• Is the reluctance to address perjury in Court due to it being seen as a distraction from the ‘core issues’?

• Would lawyers advise against reporting crimes like assault for fear of escalating conflict?

• What has a greater impact on the functioning of the legal system, perjury or the assault of an individual?

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• Why do Registrars and Judges overlook clear instances of perjury, referring only to being ‘misled’ without consequence, and/or avoiding further inquiries even when perjury is evident and repeatedly highlighted?

• Why do police refuse to investigate perjury claims, stating they lack jurisdiction?

• Why does the Director of Public Prosecutions rarely pursue (or receive) perjury cases, despite their significance to justice? 

• Are lawyers aware of the lack of consequences for perjury and unreasonable conduct?

  • How does this influence their advice on a systemic level?

  • Are they more likely to look past deceptive or unreasonable conduct? 

  • How might this knowledge impact the narrative of the cases put before the Court, in aggregate? 

  • If perjury and unreasonable conduct fuel greater conflict, is it reasonable to conclude this would of financial benefit to the lawyers involved in the matter? 

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• How many Family Court related perjury prosecutions have been initiated or completed in the last 5 years?

• How often have allegations of perjury been reported to lawyers, Police, or the Family Court without any investigation or action?

• If offenses like speeding or theft went unenforced, would violations increase? Why doesn’t this same principle apply to perjury and misconduct in family law?

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If there was a ZERO tolerance for deception in Court, with any hint of it investigated and, if proven, prosecuted to the fullest extent of the law, would this have a positive impact on the family law system and families going through it? 

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Harm to the Judicial Process: Death by a Thousand Cuts

There has been significant criticism about the lack of prosecution for perjury in family courts. Despite the prevalence of false testimonies, prosecutions are rare, fostering an environment where dishonesty goes unchecked. This failure to enforce accountability undermines the credibility of the family law system and allows individuals to subvert justice without consequence.

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The failure to prosecute perjury in family court cases can be likened to a "death by a thousand cuts" for the judicial process. Each instance of unpunished perjury erodes trust in the system, leading to cumulative damage over time. The consequences include:

• Erosion of Trust: Public confidence in the fairness and integrity of the family court system diminishes.

• Unjust Outcomes: Decisions based on false information can result in unfair rulings, adversely affecting children and families.

• Increased Litigation: Parties may feel compelled to engage in prolonged and contentious legal battles, knowing that false statements may go unpunished.

• Resource Drain: The judicial system's resources are wasted on addressing the fallout from perjured testimonies rather than delivering justice efficiently.

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Strategy for Change

When authorities fail to prosecute perjury, citing it as a private matter not in the public interest, each instance of non-prosecution should be publicly broadcasted while adhering to Section 121.

This approach will result in:

1. Increased Public Awareness: Highlighting these failures will raise public awareness about the issue, creating pressure for reform.

2. Accountability: Public scrutiny will hold authorities accountable, prompting them to take action against perjury.

3. Deterrence: The risk of public exposure will deter individuals from lying under oath, knowing their actions could be made public.

4. Strengthened Judicial Integrity: By addressing perjury more vigorously, the credibility and integrity of the family law system will be restored.

5. Fairer Outcomes: Ensuring that false testimonies are prosecuted will lead to more just and equitable outcomes in family court cases.