The process definitely seems different in QLD. In Victoria, they don't request or invite an affidavit from either side. They make a decision to go ahead with the interim IVO 100% on the word of the applicant (accuser) at the time they apply, and give the respondent no opportunity to respond or address the judge/magistrate (except perhaps about procedural things, not the allegations themselves) at any of the interim hearings. The ONLY real opportunity to respond or defend yourself is at a defended hearing, which in my case took over 12 months to reach. I have no idea what effect the respondent filing an affidavit addressing the allegations would have on whether it goes to a defended hearing or whether the judge dismisses it, but I assume a judge would not remove it prior to a contested hearing unless it was REALLY obvious that it was a false allegation, since affidavits are just one side of the story.
I am a big believer in affidavits for a respondent who wants to contest or at least vary the interim order. Most times an applicant doesn't need an affidavit unless it is a cross-application.
Thanks Rod. In QLD the aggrieved and respondent have to file affidavits before the hearing. Each has a time period to file. Aggrieved 2 weeks after first mention, respondent 2 weeks after aggrieveds affidavit is received. Clearly this is so the respondent has time to build a case against the allegations. My question is if they don’t file or serve within the prescribed timeframe set by the court where do I stand. So far 48 hours have past when they should have served and I don’t have a copy of the allegations so I can start preparing my defence?
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