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NSW Consequences to Delayed Service of Response Affidavit in Federal Circuit Court?

Discussion in 'Family Law Forum' started by Corinne, 11 January 2016.

  1. Corinne

    Corinne Well-Known Member

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    A couple of questions:

    I served an initiating application for parenting orders on the 23rd of November via special service. The respondent took 30 days to serve their response affidavit.

    The respondent's documents are not sealed / court stamped. And in their affidavit, they refer to an attached statutory declaration which they have also not served a copy of. In the Federal Circuit Court, the response time is supposed to be 14 days from service.

    What are the potential consequences of such a delayed response?

    Do the response documents need to be sealed before being served?

    I have also heard that stat decs are not allowed in the Federal Circuit Court?

    Any help would he greatly appreciated.
     
  2. Sophea

    Sophea Well-Known Member

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    Hi Kristyn,

    Yes docs need to be filed with court (and sealed) before serving. If a stat dec is original evidence, I imagine it could be exhibited to an Affidavit, however, the Affidavit together with all exhibits must be complete before either filing or service on the other parties.
     
  3. Corinne

    Corinne Well-Known Member

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    Thanks Sophea :)

    Also, when they are outlining deadlines, do they mean business days?
     

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