VIC Directions hearing No response to Amended Initiating Affidavit

[Kiwigirl]

. I'm having my first Directions Hearing at the Federal Court in a few days. The other side prepared an amended Initiating Affidavit and I was meant to provide a Response to their amended Affidavit.
My legal Rep said it's not necessary for this hearing so I'm not providing a Response.
My question is, will not responding have any negative affect on my case? Or are Response Affidavits not compulsory at this stage?
Ie does not providing a Response to the Amended Initiating Affidavit, mean any delays or further hearings?

 

[Rod]

Depends on what the other side changed.

If it doesn't impact what you have already filed then there's not much point. Your legal rep is the one best placed to advise you.

 

[Kiwigirl]

Depends on what the other side changed.

If it doesn't impact what you have already filed then there's not much point. Your legal rep is the one best placed to advise you.

Thanks Rod

The other side made huge changes and I had a lot of evidence to respond to
My new lawyer said doesn't really matter at this stage of proceedings...
but I'm worried it could severely impact my case..
It's the first Directions hearing so I'm not sure if not responding gives reason to just keep the case going longer?

 

[Rod]

It's the first Directions hearing so I'm not sure if not responding gives reason to just keep the case going longer?

Talk to your lawyer about your uneasiness. They may well be correct as some directions hearings are straightforward admin type hearings looking at how to run the case. It gives both sides an opportunity to say what they think the issues are, what documentation has to be provided by the other party, how long they think a trial will take (eg half day, 3 days, 2 weeks etc). Some of these hearings are just planning type meetings so when the matter does end up in court the court has all the information it needs and both sides have a fair chance to review and comment on the other party's arguments and evidence.

 

[Kiwigirl]

Talk to your lawyer about your uneasiness. They may well be correct as some directions hearings are straightforward admin type hearings looking at how to run the case. It gives both sides an opportunity to say what they think the issues are, what documentation has to be provided by the other party, how long they think a trial will take (eg half day, 3 days, 2 weeks etc). Some of these hearings are just planning type meetings so when the matter does end up in court the court has all the information it needs and both sides have a fair chance to review and comment on the other party's arguments and evidence.

Thanks I feel less stressed now.. my new lawyer didn't seemed fussed about responding even though the other side requested to make sure we respond.
I was also worried they could argue non compliance on my part..
I'll see how it pans out without it

 

[Kiwigirl]

Talk to your lawyer about your uneasiness. They may well be correct as some directions hearings are straightforward admin type hearings looking at how to run the case. It gives both sides an opportunity to say what they think the issues are, what documentation has to be provided by the other party, how long they think a trial will take (eg half day, 3 days, 2 weeks etc). Some of these hearings are just planning type meetings so when the matter does end up in court the court has all the information it needs and both sides have a fair chance to review and comment on the other party's arguments and evidence.

Rod one last question... is it acceptable/Admissible that I File my Response to the Applicants amended Affidavit after the original due date and after the Directions Hearing?
Ie can I File my Response at anytime during the case?