NSW Failure to submit trial affidavit

[Patricia Wright]

We have a final hearing in 4 weeks and yesterday was the deadline a per the court order to file trial affidavits for both my husband and the mother of his children. Ours was filed and served on mother’s solicitor however hers has not been filed or served.

I guess my question is what are the repocussions of her not filing her affidavit on time?

 

[Been2Trial]

Family Law Courts are pretty relaxed about deadlines as you might have already experienced. I think you will find the other lawyer will file it sometime in the next week or so and there will be no repercussions... it's pretty bad, I know. They use it to play the system and the system just let's it happen.

 

[Patricia Wright]

Family Law Courts are pretty relaxed about deadlines as you might have already experienced. I think you will find the other lawyer will file it sometime in the next week or so and there will be no repercussions... it's pretty bad, I know. They use it to play the system and the system just let's it happen.

It’s so annoying as it gives her a chance to read our affidavit before hers gets submitted which I think is so wrong. We are self representing as well and have done everything right and expected of us and then she does this

 

[thatbloke]

If they mention yours in theirs you can ask for that part to be struck out because of the filing date on the first day of the hearing

 

[Been2Trial]

It’s so annoying as it gives her a chance to read our affidavit before hers gets submitted which I think is so wrong. We are self representing as well and have done everything right and expected of us and then she does this

I hear ya! It's just another frustrating aspect of the broken family law system.

 

[Nonfiction]

It’s so annoying as it gives her a chance to read our affidavit before hers gets submitted which I think is so wrong. We are self representing as well and have done everything right and expected of us and then she does this

In general...unless the Court has made the filing dates the same, or for some other reason made orders preventing it, the respondents ‘evidence in chief’ can include both the facts they intend to rely on as well as objections (if any) to content of your affidavit...this can, at times, “narrow” the issues in dispute i.e. anything not disputed could be taken to be agreed.

I agree that it would be very frustrating when rules are not followed...especially when as a litigant in person you try your hardest to learn and follow them all.

 

[thatbloke]

WHen my other side filed late i emailed them and got it in writing that they would not use anything contained in my final affidavit just because they were filing late . No way was i going to let that happen.

 

[Patricia Wright]

WHen my other side filed late i emailed them and got it in writing that they would not use anything contained in my final affidavit just because they were filing late . No way was i going to let that happen.

And did they agree? I have a feeling if we did that they would not agree. It can’t hurt to try I guess?

 

[thatbloke]

And did they agree? I have a feeling if we did that they would not agree. It can’t hurt to try I guess?

Yes they did. But i had a good relationship with the exes lawyer (unbelievably!)

No harm in trying, very politely to ask/tell them this would be procedurally disadvantageous to you as a self represented litigant who has followed the filing deadline if they used the contents of your affidavit in their final affidavit when you were both due to file on the same day and there is no provision or order for a response to any final affidavit. (I am assuming there is no provision)

Of course, if there is an ICL you copy them in on the letter too