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NT Affidavit - Inspection of 3 Years Worth of Files - Suggestions?

Discussion in 'Family Law Forum' started by Gary Huddleston, 2 February 2016.

  1. Gary Huddleston

    Gary Huddleston Active Member

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    I have a 3 year Initiating Application set down for hearing in March 2016.

    On the last mention in November 2015, I had requested to inspect the Court File. After three years, it is approximately 22 inches thick.

    I was allowed to inspect the file for 10 minutes before the matter was heard.

    The file is kept in Darwin. There are numerous subpoena affidavits. etc. attached to the file. My understanding from the Judge is that I can inspect the file. The registry has advised that I can inspect the file, but with the file being 1500kms away, I will not be able to do so until the day of the final hearing in March. In other words, I cannot include any material in the file, or rely on any evidence in the Court File.

    My options are to:

    - Fly to Darwin (Flights hotels) and Copy the file at 20c per sheet.

    - Ask an "agent" to attend the court registry and Copy the file,

    - Wait to read the entire file on the day of the Final Hearing.

    Does anyone have any suggestions how I can read the 3 years worth of material before filing my Affidavit in Chief?
     
  2. AllForHer

    AllForHer Well-Known Member

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    Do you know what you're looking for in this file? Or are you just going fishing for evidence?
     
  3. Gary Huddleston

    Gary Huddleston Active Member

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    I have everything I have filed, plus the orders. I also have the Response Affidavits. But I don't have the material in response to Subpoena's, i.e. Medical reports, Police checks. Also, the ICL has lodged several affidavits, but as they are done by post; I did not receive any copies.

    Apparently, an affidavit without application does not need to be served. I have noting except my own paperwork since March 2015. The ICL will not give me copies by post or email.

    I have been advised if that I can request copies to be made at $0.20 per sheet plus posting. The cost of this could be as much as a return flight lol.
     
  4. AllForHer

    AllForHer Well-Known Member

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    Who sought the subpoenas? You or the other party?

    Regarding the exchange of information, all parties must have a copy of all documents filed with the court, including affidavits filed without an application. Are you registered with Comcourts?
     
  5. Gary Huddleston

    Gary Huddleston Active Member

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    Hi, thanks.

    Yes, I'm on the Portal. Anything lodged there I can access. But if documents are lodged directly at the registry or by post, then the only way to access these is by inspecting the physical file.

    The subpoenas requested by me and the other party have been returned and are on the court file. At this stage, I will not be able to view this material until the morning of the hearing. I asked if I could send a USB for the file to be copied to and posted to me but they have declined.
     
  6. AllForHer

    AllForHer Well-Known Member

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    As I said before, anything that has been filed by the court must also be given to the other parties to the proceedings. All parties must file in triplicate - a copy for you, a copy for the court and a copy for the other party. If you are not given copies of these documents, then it might be worthwhile seeking an adjournment and asking the court to aid in the provision of these files for you. The court might order an adjournment anyway if you're going to be reading the file on the day of trial.

    I don't understand why you haven't been served with the relevant material. Have you spoken to the other party's solicitor?
     
  7. Gary Huddleston

    Gary Huddleston Active Member

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    Hi,

    The ICL says she posted them to me. They have not arrived. She then said she had served them on me in person at the last mention in November. She had not. She has recently stated she has reposted them. They have still not arrived.

    This is them same ICL that told the Darwin court I was appearing in person at the mention in August when I had in fact requested and had leave to appear by phone. They did not call me and orders were made in my absence. The same happened at the beginning of August in the Adelaide court, where they rang me twice and hung up twice, then made orders in my absence.

    The other parties solicitor had sent me an application for relocation including affidavit on 21st December for a mention on 23rd December. I could not open the PDF attachments, yet the other solicitor claimed I'd been served. The Judge asked her when I was served documents I could open, and she admitted it was at 9 am that morning. The mention was at 11 am.

    Due to the short notice, and the fact I had not been served the Judge stayed the matter to be heard in March. It really is a circus.
     

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