VIC Family Court - When is an Application Considered Filed?

Discussion in 'Family Law Forum' started by Malissla, 13 June 2018.

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  1. Malissla

    Malissla Well-Known Member

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    I efiled an application in a case. The application states on it that I filed on May 29 2018. It was not sealed until 3 days after. I am informed that the date of filing is not the same as the date of sealing and that the date of filing is May 29 2018. However, the judge made an order that states that my application of June 1 2018 be dismissed.

    I raised the matter with chambers who state that "when you filed the application, you would have received notice that it would be processed within 3 working days and this was listed and actioned on 1 June 2018, hence the date of sealing being 1 June 2018."

    I strongly disagree with chambers because the date of sealing is not the same as the date of filing. I therefore would be very grateful if someone could provide to me the Family Court Rule or Law that I can depend on that states an application in a case is considered filed on the date it is filed and not on the date it is sealed. Thank you.
     
  2. Rod

    Rod Well-Known Member

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    Which court?
     
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  3. Malissla

    Malissla Well-Known Member

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    It is the Family Court of Australia Rod.
     
  4. AllForHer

    AllForHer Well-Known Member

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    The Court doesn’t seal an application, it seals orders. To me, it sounds like you filed an application in a case which was heard in chambers three days after it was filed and an order was made in chambers to dismiss it.

    Date of filing would be 29 May 2018, date the orders dismissing the application were made and sealed would be 1 June 2018.
     
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  5. Rod

    Rod Well-Known Member

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    Are there reasons given for the dismissal?
     
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  6. Malissla

    Malissla Well-Known Member

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    When you efile an application in a case it is automatically sealed. I did efile an application in a case on May 29 2018. The matter was heard in open court and orders were subsequently issued on the same day it was heard. The orders stated that the application made on June 1 2018 be dismissed.

    My application was dated May 29 not June 1. Chambers state that the order is correct, I say the order is wrong as it should state the application dated May 29 be dismissed.
     
  7. Malissla

    Malissla Well-Known Member

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    Yes, I was informed by the Judge that my Affidavit did not comply with new annexure rules that were changed on March 1 2018, but I informed the court that there is a grace period of three months which meant that the last date you could file under the old rules was May 31 2018.

    I intended to appeal, when the order was issued it stated the application dated June 1 be dismissed, so you can understand that if it was filed on June 1 then of course it would not have complied with the new rules but being as I filed on May 29 it did.
     
  8. Malissla

    Malissla Well-Known Member

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    The issue I have is my application is dated May 29, the court say it was sealed on June 1. I say I agree with that but if my application was dated May 29 then the order dismissing my application should say the application dated May 29 be dismissed and not as it does state the application of June 1 be dismissed, which is why I was hopeful that someone may be able to provide the law or court rule that states that it is the day an application is filed as opposed to the day it was sealed, listed and actioned.
     
  9. AllForHer

    AllForHer Well-Known Member

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    Why does the date listed in the order need to be correct to appeal on grounds that the application was filed within the time frame? Your evidence that it was filed within the time frame is the receipt from the portal, not the order itself?
     
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  10. Malissla

    Malissla Well-Known Member

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    I agree, it appeared to me that the Judge was attempting to consolidate her argument that it was not filed in accordance with the new rules by referring to the date of my application as June 1 as opposed to May 29. Unfortunately I did not download the receipt at the time of filing but the application itself - filed in by the court - states it was filed on May 29.
     
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