NSW Amending Initial Application in Federal Circuit Court - Process and Costs?

Discussion in 'Family Law Forum' started by Philly2020, 17 June 2019.

  1. Philly2020

    Philly2020 Well-Known Member

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    Recent orders have been made for a self-representing father to amend the initial application and to file and serve a supporting affidavit in 2 weeks.

    Orders have also been made for the self-representing mother to respond to the application and file and serve a response 1 week later.

    If these orders have not complied with the judge has decided final orders can be made without the father's participation.

    My questions are -

    If the father does not comply and amend the application and file and serve his affidavit on time/at all, is the mother still required to file and serve a 'response'? Because it seems there is nothing to 'respond' to...

    If the father files the supporting affidavit late is the mother still required to file a response when she has not been provided with the appropriate time to do so?

    As both self-representing in the federal circuit court, are there any court costs for either of the parents to do any of these things?


    Thank you for your help.
     
  2. sammy01

    sammy01 Well-Known Member

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    Hey Philly,
    I know you are in a world of crazy family law? Does this refer to other post or a whole different case?
     
  3. Philly2020

    Philly2020 Well-Known Member

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    Hi Sammy01

    Lol, this is a different case.

    :)
     
  4. Atticus

    Atticus Well-Known Member

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    Correct... Can't respond unless there is something to respond to
    If it's at all possible to anticipate some of what he may be including in his application, probably wise to start taking notes on how you intend to respond now. You could seek to adjourn if you don't get the response in the allocated time, but don't count on it. You may be given just hours if granted... Argue that you are not being given the proper procedural fairness if that is to occour.
    Apart from any filing costs or fees, I doubt it, but not sure
     
  5. Philly2020

    Philly2020 Well-Known Member

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    It is possible that the may orders state the mother is also to file an 'amended' response (they are yet to become available on the portal to confirm), which I am assuming can still be done without the father filing his amended application. The reason for the amendments is the initiating application and response were filed almost 5 years ago and circumstances have drastically changed, including who the applicant and respondent now are (parties were dismissed). I believe this may have been ordered this way with the anticipation of the father not filing but still giving the court the power to make final orders without the fathers amended application, as long as the mother has filed her amended response.

    It is possible to anticipate some of what the father may say as there was a recent affidavit provided so the mother has began preparing her response already.

    When filing amendments, are the filing fees charged again, from what I can see online there is a fee for filing a response which is $345. As this was paid with the initiating response, is it charged again with the amendment?
     
  6. Atticus

    Atticus Well-Known Member

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    Okay, so that gives a broader picture of the possible reasons... If it's still not 100% clear from looking at the portal, I would be calling court registry and seeking clarification.... That said, I can't see how a judge could make a decision on a set of current circumstances based on a new response to an old application... Mind you stranger things have happened in family law LOL... I guess as long as the court is satisfied that the applicant has received the new directions and been given the chance to file a new application, then he has been afforded procedural fairness.
    I would expect that any new response or application would attract the same fees, but again, because this is a bit out of the ordinary, I would be calling court registry to clarify. It's possible that if it's considered an 'amended' response that may change things
     
    Philly2020 likes this.
  7. hshkara

    hshkara Well-Known Member

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    You do not need to repay filing fees when filing an amended version of a document.
     
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