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. Nonfiction

    Nonfiction Well-Known Member

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    I understand this must be very frustrating for you OP, particularly when you filed on time. My view in this instance, however, is that unless the matters in the application in a case were urgent e.g. the child is at current risk, then it would be better for you to let this one go, stay on the judges good side, and raise the matters instead at the next Court date (if the application was dismissed outright before being heard)
     
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  2. Rod

    Rod Well-Known Member
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    OP - Suspect you are out of luck. I believe the extension applies to use of forms for applications, not the annexes/affidavits themselves.
     
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  3. thatbloke

    thatbloke Well-Known Member

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    Erm, no. Every document you efile and every affidavit, application, response, notice of risk and... well ANYTHING is sealed when filed. On the portal it is automatically sealed once uploaded. That is why there is a big red seal on the bottom right of each page and when you file over the counter they also give the documents the big red stamp to seal the document.

    Happy to be proved wrong by an expert though.
     
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  4. AllForHer

    AllForHer Well-Known Member

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    Noted, my mistake, though it doesn’t really change the rest of my responses to the OP.

    Not sure why you can’t communicate in any way that isn’t condescending and arrogant, though. You seem so angry all the time, @thatbloke. R U OK?
     
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  5. thatbloke

    thatbloke Well-Known Member

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    Because I do not like you
     
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  6. AllForHer

    AllForHer Well-Known Member

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    Aww, don’t be like that! You hardly even know me!

    Do you want to hug it out? Will that help alleviate the crankies a little?
     
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  7. Malissla

    Malissla Well-Known Member

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    Yes, it is also my understanding that anything that is efiled automatically gets the big red seal stamp right away - as mine did - although - strangely enough at the bottom of the page in black writing it says it was sealed on the June 1, even though it got the big red stamp on May 29.. and not I certainly did get it in on time, please read this: Family Law Amendment (2018 Measures No. 1) Rules 2018: Extension of Grace Period - Family Court of Australia

    Unfortunately I cannot keep on the right side of this Judge without accepting the mistakes the Judge makes, I refuse to accept the mistakes, she just doesn't like me but I am not there to be friends with anyone, I am there to fight my case and I cannot do anything about that. This is just one example of many which show how I am being treated by the Judge. Child Protection repeatedly tell me that in the event that the Court makes an order for the father to have unsupervised access they will immediately seek orders in the children's court to prevent it. This happened years ago, and child protection sent me back to the Federal Court to get an order that allowed for unsupervised access to be changed.

    I have had no choice but to tell this court that Child protection will not allow any orders that place the children at risk, that they have already made that determination, this of course angers the court because it effectively tells them they have no power in this case - which they don't. I do not have to worry too much about upsetting the Judge because I have child protection on my side who - like me - will not back down.
    I am grateful for all the advice. Thank you.
     
  8. Nonfiction

    Nonfiction Well-Known Member

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    Has the Judge made order requesting Child Protection to join as a party under s91B?

    Has the Court been provided with evidence of this? Or was this what you were trying to file with the application in a case?
     
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  9. Rod

    Rod Well-Known Member
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    ^^ This is a problem and may be the source of some of the issues. Child protection rank lower than a court, the court knows this and if you attempt to undermine the court's authority you will get put back in your box nearly every single time. Nothing overrides court orders except higher/appeal court orders. Even the Federal Parliament has to accept valid court orders.

    You do have a choice. And Child protection is just one body a court may listen to.

    I am not arguing in anyway whether you have a legitimate cause of concern for your children's' safety, just saying how a court will view you telling the court that you are going to follow what Child Protection tell you regardless of what the court says. I sense that you'd be stepping close to contempt of court if you wilfully disobey court orders.

    I read the link you provided. Did you read this from the page: An initial grace period of three months (until 1 June 2018) was allowed in relation to compliance with the new forms.

    re: Nonfiction's post: Even then Child protection are just another party to the case and have no authority over a judge..
     
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    #19 Rod, 14 June 2018
    Last edited: 14 June 2018
  10. Malissla

    Malissla Well-Known Member

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    No the Judge has not, and I did not know that the judge could so I am grateful for that information. Child Protection wrote a letter of urgent support for me to give to the court, four years on no Judge has read it, so I read the letter out in open court, the Judge said it was written by "Just a child protection worker" the letter is very significant as it informs that any order that allows for unsupervised access places the children at risk. Child Protection are unambiguous, they will not permit unsupervised access. But I have attached the letter to many of my affidavits, I have rammed it home to the court but they attempt to dismiss it, they appear to be saying it's a court decision and not a child protection decision, however that simply is not the case. The federal court allowed in order for unsupervised access and child protection immediately stepped in and sought orders in the childrens court to stop it, they then sent me back to the federal court to change the previous orders that did allow it. No, my application in a case attempted to have his response struck out.
     
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