I would like to know if documents have been filed at the courts but not served what will happen in court ( next week ) will they use the information or will it be adjourned (forth one adjourned if we miss this next one - each time due other party to no filing of documents or not turning up to court x 2)
WA Non Serving of Court Papers - Filed not served
- Thread starter GANDN2019
- Start date
If the other party is represented by a lawyer you can expect to receive an email form now up to about 1 hour before court serving you there paperwork.
This is not how it should be, they should file and serve giving you plenty of time to read and respond but it's how it is in my experience.
It would then be up to you to accept it and move on or ask the judge for an adjournment to read and respond if needed.
Depending on the type of hearing Directions, mention, interim etc... It's probably easier to not seek an adjournment to help speed things along unless it's absolutely necessary.
For reference I received my ex's 1st affidavit 1 hour before our first court hearing. I don't think this is the norm but it can happen and nothing came of it. The information will likely be used although you could ask that it not be.
If you want to see if something has been filed you would log on to the court portal and you can see it there. Or call the registry and ask them if they have anything on file from the other party.
If they don't rock up to court they run the risk of decisions being made in their absence. They would get an adjournment at first but if it continued they would be in trouble and potentially you could seek costs against them.
My Ex called in sick for one of our hearings. Adjourned for 1 week.
This is not how it should be, they should file and serve giving you plenty of time to read and respond but it's how it is in my experience.
It would then be up to you to accept it and move on or ask the judge for an adjournment to read and respond if needed.
Depending on the type of hearing Directions, mention, interim etc... It's probably easier to not seek an adjournment to help speed things along unless it's absolutely necessary.
For reference I received my ex's 1st affidavit 1 hour before our first court hearing. I don't think this is the norm but it can happen and nothing came of it. The information will likely be used although you could ask that it not be.
If you want to see if something has been filed you would log on to the court portal and you can see it there. Or call the registry and ask them if they have anything on file from the other party.
If they don't rock up to court they run the risk of decisions being made in their absence. They would get an adjournment at first but if it continued they would be in trouble and potentially you could seek costs against them.
My Ex called in sick for one of our hearings. Adjourned for 1 week.
Thank you so much, very helpful. She has now served - via email, she is self representing. there was no body to the email to detail what it was that was being served and no acknowledgement of service, but sounds like that doesnt really matter anyway.
the documents are incomplete and do not include appendix she refers too, again, a minor.
i dont want the court date to be adjourned again, so i guess i should just accept that they have been served and attend next week as normal, maybe just mention in court that she has served incorrectly and incomplete documents. they dont seem to give a s**t about her not adhering to court orders , as she was 6 weeks later filing even though specific orders instructed a date they needed to be in by.... the late filing meant i couldnt respond.... (4 days prior to court) and the judge told me i was wrong for not replying!!!!! utter bulls**t really. but hey ho.....
another court date another kick in the teeth.
thanks for your advice.
the documents are incomplete and do not include appendix she refers too, again, a minor.
i dont want the court date to be adjourned again, so i guess i should just accept that they have been served and attend next week as normal, maybe just mention in court that she has served incorrectly and incomplete documents. they dont seem to give a s**t about her not adhering to court orders , as she was 6 weeks later filing even though specific orders instructed a date they needed to be in by.... the late filing meant i couldnt respond.... (4 days prior to court) and the judge told me i was wrong for not replying!!!!! utter bulls**t really. but hey ho.....
another court date another kick in the teeth.
thanks for your advice.
Yes. Just consider yourself to have been served.
You could respond with a polite email requesting the appendix to be sent to you. Short, formal, no attitude.
Don't mention it in court. They don't care and you will be seen to be petty. (just my opinion).
If asked in the court room. "What are your thoughts on XYZ in the Ex's paperwork"
You might choose to respond: "Respectfully your honour due to only being served the documents yesterday I have not had enough time to seek legal advise and require more time to do so before commenting"
However you have been given enough time so you will have an actual response to the question.
Stay on top of your game and don't do anything stupid and be sure to follow all of your Orders. Your ex's poor organisation and paperwork will catch up with them and the court will notice.
You could respond with a polite email requesting the appendix to be sent to you. Short, formal, no attitude.
Don't mention it in court. They don't care and you will be seen to be petty. (just my opinion).
If asked in the court room. "What are your thoughts on XYZ in the Ex's paperwork"
You might choose to respond: "Respectfully your honour due to only being served the documents yesterday I have not had enough time to seek legal advise and require more time to do so before commenting"
However you have been given enough time so you will have an actual response to the question.
Stay on top of your game and don't do anything stupid and be sure to follow all of your Orders. Your ex's poor organisation and paperwork will catch up with them and the court will notice.
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