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QLD Affidavit for Interim and Final Court Orders

Discussion in 'Family Law Forum' started by Kscib, 6 December 2014.

  1. Kscib

    Kscib Active Member

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    Hi, I'm lodging an initiaiting application through the Court online portal for final (financial) orders. I also have interim orders to be heard prior to the final family law hearing. Do I have to do two separate affidavits for these?

    I understand the facts of the case remain the same but in the interim hearing I need to refer to emails and evidence I have to have the interim order granted. Or does it all just get done in one affidavit (annexures also) and then in the 'interim orders section of the initiating application I just state what I want and refer to an 'interim order evidence' section of my affidavit.

    I am self presented obviously and am finding it difficult to find information online re: this. Any help would be appreciated.
     
  2. Sarah J

    Sarah J Well-Known Member

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    Yes. For every separate application you will need to write a separate affirmation (if you're not religious) or affidavit (if you are) for that particular application. This is because every application will require different information, have different tests to satisfy and each affirmation/affidavit is seen as the "evidence" supporting your request for something. Even if the information/facts/evidence doubles up, you will need to submit a separate one. In the affirmation/affidavit you may also need to include what you are applying for and at the end, have a final plea to the honourable court for x to be granted.
     
  3. Kscib

    Kscib Active Member

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    Thanks for the reply. Just to be clear if I'm just filing one initiating application then I only have to do one affidavit/affirmation? My initiating application is for final (financial) orders with a section to request interim orders be heard for the same case prior to appearance for final orders.
     
  4. Sarah J

    Sarah J Well-Known Member

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    I'm a bit confused as to what you're filing. Are you filing in a document application form for the final order? If so, then just follow the form instructions. If the interim order option is contained in the form, then unless specifically stated that you need a separate affirmation/affidavit in support of the interim order, you will probably not need one. If, however, you are initiating an action by writ, then as a general rule, you will need to file an affirmation/affidavit for every application you subsequently make (including any interim order applications).
     

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