LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

NSW Can Opposition Seek Costs After Filing Second Affidavit?

Discussion in 'Family Law Forum' started by James07, 2 June 2016.

  1. James07

    James07 Active Member

    Joined:
    13 January 2016
    Messages:
    9
    Likes Received:
    0
    I told the judge on a mention date that I was only relying on one affidavit for an interim hearing. I have now added a second and filed and served it to the opposition within 14 days. Now the opposition is saying they seek to adjourn the matter and seek costs for the adjournment and subpoena more material (I doubt there actually is) due to me saying I did not have any more affidavits to file.

    My second one is due to additional evidence against the opposition in their filed affidavit.

    Question - Can the opposition seek costs or is this a scare tactic as I'm self-rep?
     
  2. AllForHer

    AllForHer Well-Known Member

    Joined:
    23 July 2014
    Messages:
    2,319
    Likes Received:
    423
    Likely a scare tactic. Family Law Act says parties are expected to fund their own costs, there are only very limited circumstances in which the Court will award costs otherwise. The filing of an affidavit isn't one of them.
     

Share This Page

Loading...