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SA Family Court - Is There a Statutory Pathway for the Judge?

Discussion in 'Family Law Forum' started by okanynameyouwishthen, 26 March 2016.

  1. okanynameyouwishthen

    okanynameyouwishthen Well-Known Member

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    Hey all,

    It seems the more judgements I'm reading lately, I see the parents in dispute at the offset are sent for a Family Dispute Resolution Conference with a Family Consultant. Proceedings I am a party to have had no such order given. Many 10-minute appearances in family court were only ever listed as mention hearings. Is there a statutory pathway the judge is meant to follow or not?

    Happy Easter also to all.
     
  2. AllForHer

    AllForHer Well-Known Member

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    The judge has the option to send parents to a family dispute resolution conference. Sometimes they do, sometimes they don't. But it's not a mandatory order for the court to make.
     
  3. okanynameyouwishthen

    okanynameyouwishthen Well-Known Member

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    Thanks for that.

    I did try to send you a message direct but am unable to. I thought you would have an answer to my following question. Off topic maybe, but "dibs on" my thread. Lol!

    Anywho.

    Seems the more I read the more confused & unsure I become of my next move.

    I lodged appeal papers within 28 days of judgement & got a reply from Registrar telling me to get a draft index together & provided a document " Precedent Draft Appeal Index "(PDAI). As a SRL, my Notice of appeal doc.tended to get a bit big with my stating a ground of appeal & then presenting a intro. submission/argument why I felt that was so.

    Now this PDAI is asking for " All other relevant docs. which were in evidence before the trial judge in chronological order "

    So won't I have to argue my side by creating a submission(?) that explains the pile of chronological relevant docs. the appeal judge is confronted with when he opens my appeal index. It was my understanding what I sent 25 days ago was viewed by Registrar & " OK'd" to progress to next stage, so to speak.

    My head hurts nearly as much as my heart past couple days!

    Appreciate any input.

    Cheers.
     
  4. AllForHer

    AllForHer Well-Known Member

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    I'm not terribly familiar with the appeals process, unfortunately, but it's my understanding that you need to provide the Full Bench with everything that was produced in evidence before the trial judge so the Full Bench can determine if the grounds for appeal that you've cited can be applied in practice.

    I think you definitely need legal advice, at least for guidance on the process for appeals. The extremely large majority of appeals in family law are dismissed, and the number of SRLs who have won an appeal to date is almost 0%. It's not a matter of a Full Bench retrying the same case, the Full Bench has to find that the trial judge made a mistake of fact or of law, so you need to show where that mistake was made.

    I am sorry I can't be more help.
     

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