late affidavit from the applicant final hearing

Hi,
The OP ( applicant ) was supposed to serve the affidavit for the final hearing but hasn't and is 3 weeks late - my lawyer has suggested we serve ours anyway not to breach court orders, if they serve the affidavit a few days before the final hearing will it be allowed or will the court take exception to a late affidavit?

Atticus said:

Not uncommon... Don't be surprised if it's served the day before... There are rules but ignoring them doesn't seem to be an issue. Ridiculous.
Just a thought... You are the respondent... Seems to me that implies the applicant serves first so that you can respond. Personally I would have my affidavit ready to go but not serve it till you get the applicants

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And that's why I don't understand the lawyer asking for us to serve when we are the respondent!!! then the OP can base their affidavit on ours....when it should be the other way around...

Atticus said:

That's the game. But you mentioned a breach of court ORDERS. If there is an actual order or direction that you Serve then you should.

Otherwise don't be afraid to ask your solicitor why you should file first & the possible consequences of doing so

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I have asked that question and will ask again - there can't be a final hearing can there if neither serves the material - I think the OP thinks she can catch me off guard and serve hers last minute but

Been2Trial said:

They are probably waiting for your affidavit so they can tactically address anything you raise in it.

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Yes I get that and that’s why I’m asking as the respondent that’s not my role in this process - applicant goes first so why should I give them the advantage?

Rod said:

I'd be filing an affidavit, asking for the matter to proceed, objecting to their evidence being allowed into court, and if the court says they'll allow it (likely to happen), then seek an adjournment so you can file an amended/supplementary affidavit and costs. May not get costs but worth a try.

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I like that advice - thanks mate!