FALSEHOOD RESPONSE TOOLKIT

(How to demolish inaccurate statements in court — calmly, surgically, and without getting yourself into trouble.)

THE FALSEHOOD RESPONSE TOOLKIT

For Respondents, Self-Represented Litigants (SRLs), and Anyone Facing FVO or Family Law Proceedings

Lawyers in FVO matters frequently make statements that are:

• wrong,

• exaggerated,

• unsupported,

• or simply invented.

Sometimes these errors are deliberate. More often, lawyers are simply not as familiar with the facts as you are. On occasion, they are just 'on a roll' and telling a story as they see fit.

It doesn't matter why. Just know:

• The court will not correct them for you.

• If you want to correct the record, it is on you to do it — immediately after they finish speaking, do it clearly, and respectfully.

This toolkit shows you exactly how.

THE GOLDEN RULE

A false statement must be corrected the moment it is spoken.

If you let it sit for 60 seconds, it becomes “accepted fact”.

You must remain calm, polite, and factual.

Don't interrupt unless it is ABSOLUTELY necessary – calmly wait your turn to speak.

It's not easy at times but stay unemotional – anger destroys credibility.

Precision wins cases.

1. RECOGNISE THE TYPES OF FALSEHOODS

A. INVENTED FACTS

Statements with no basis in evidence.

Example:

“There is a police investigation.”

→ No record, no affidavit, no officer, no case number.

B. MISLEADING OMISSIONS

Partial truths presented as whole truths.

Example:

“She provided material.”

→ But no timeline ever filed; no explanation why.

C. CONCLUSIONS MASQUERADING AS FACT

Example:

“The respondent is dangerous.”

→ No incidents, no evidence, no supporting material.

D. PROCEDURAL FALSEHOODS

Lawyers saying orders exist when they don’t.

Deadlines missed.

Applications not filed.

Blaming “confusion”.

2. THE EXACT PHRASES TO USE

When you need to correct something immediately:

Short, calm, devastating:

“Your Honour, I must correct that.”

“Your Honour, that statement is factually incorrect.”

“Your Honour, the evidence does not support what has just been said.”

“Your Honour, I can assist the Court with accurate information.”

Tone = measured, professional, controlled.

3. HOW TO CORRECT THE RECORD EFFECTIVELY

STEP 1 — State the correction neutrally.

“Your Honour, there is no police investigation.

I tendered an email from ACT Policing confirming this.”

STEP 2 — Point to the evidence.

“The document is at page X, exhibit Y.”

STEP 3 — Stop talking.

The power is in being concise.

4. HOW TO RESPOND WHEN THE LAWYER “DOESN’T KNOW”

If they claim uncertainty:

“Your Honour, the applicant’s representative cannot identify a date, document, or source for that claim. There is no evidence before the Court to support it.”

Let the silence burn a hole in the lie.

5. HOW TO HANDLE “HINTS” AND “SUGGESTIONS”

Lawyers sometimes hide falsehoods inside vague statements:

• “There might be…”

• “We believe…”

• “It appears…”

• “There may be a conflict…”

Your response:

“Your Honour, there is no evidence supporting that suggestion.

If the applicant wishes to rely on that point, they must file sworn material.”

The court respects this.

6. HOW TO HANDLE MISREPRESENTATION OF YOUR POSITION

Example:

“The respondent refuses mediation.”

Your response:

“Your Honour, that is incorrect. I have requested mediation on [dates]. I can tender emails confirming this.”

7. WHEN FALSEHOODS ARE SERIOUS

If the falsehood is material:

“Your Honour, I must object. This is a significant factual assertion with no evidence. It should not form part of the Court’s consideration.”

8. THE ENDGAME: BUILD A RECORD OF THEIR UNRELIABILITY

Every time you calmly correct a falsehood, you:

• build your credibility,

• weaken theirs,

• and create a transcript record showing which side obeys the law.

By the third correction, the Magistrate is thinking:

“This counsel keeps getting it wrong. This self-rep is the only one giving facts.”

That is how you win.