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NSW Family Court and Federal Circuit Court - Same Service Time Limits?

Discussion in 'Family Law Forum' started by Steve1905, 23 July 2015.

  1. Steve1905

    Steve1905 Well-Known Member

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    Hi all,

    On 16/7/15 I had my ex served with papers regarding initiating application, application in a case and affidavits.
    The hearing for the application in a case is the 18/8/15 and the initial hearing is 24/8/15. This is taking place in the Family Court and not the Federal Circuit.

    My question is, do the same time limits on service apply to the family court as they do on the federal circuit court?
    I can only find this and no information on Family Court service times:

    FEDERAL CIRCUIT COURT RULES 2001 - RULE 6.19
    Time for service of applications
    Unless the Court orders otherwise, an application and any document filed with it may not be served:
    (a) less than 3 days before the day fixed for the hearing of an application in a case; or
    (b) less than 7 days before the day fixed for the hearing of any other application

    Thanking you in advance.
     
  2. AllForHer

    AllForHer Well-Known Member

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    I actually don't think there are time constraints for service in the Family Court, but under 7.04, it must be served "as soon as possible after the date of filing and within 12 months after that date". A response must be served no less than 7 days before a hearing date, but if the other party is not served within a reasonable time frame, the court can adjourn the matter to a later date to give the party time to consider the case and prepare a response.

    Can anyone else clarify?
     
  3. Steve1905

    Steve1905 Well-Known Member

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    Thank you,

    I let it go as long as possible and hopefully wont get an adjournment. This is just because I had to let her true colours show before she gets legal advice. I can expect a complete 180 in attitude towards the issue once she gets advice. She has 31 days so I'm hoping that's enough.
     

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