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SA Family Law Hearing - Time Limit on Opening Argument?

Discussion in 'Family Law Forum' started by okanynameyouwishthen, 20 April 2015.

  1. okanynameyouwishthen

    okanynameyouwishthen Well-Known Member

    12 February 2015
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    Hey fellow forumers (forumees ? ), as a SRL in a final family law hearing I need to start focusing on upcoming D-date and I am curious if there is an official "rule" or such as to the length/duration of my opening argument/address when the hearing kicks off? I believe I get first dibs to "paint the picture" and whilst not wanting an hour or so I do wish to state my case a certain way. Due to previous treatment throughout, I'm wishing to know can the respondent's counsel "butt in" or whine to the judge that they believe I am disrespecting the occasion?

    I would imagine there must be some time limit even if only an agreed unofficial span of time. Also whilst asking the question I would be interested to hear if any former SRL's felt "pressured" etc. into cutting their own speech short or told to hurry-god forbid?

  2. AllForHer

    AllForHer Well-Known Member

    23 July 2014
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    If I may, the The Layperson's Guide to Australian Family Law is a fantastic source for procedural questions like this one. The people there are mostly self-represented litigants, so it's worthwhile speaking to them about their experiences in court.

    Sorry I can't be more help - this is one of those things that's difficult to provide guidance on. What I've found is that the court prefers short, succinct statements that are clear, direct and objective. Try and remember that the court doesn't make rulings on emotions, so appealing to the judge's sympathetic ear, or carrying out a character assassination of your ex, will do more harm than good.

    What I feel should be the focus is the best interests of the child and why you think the orders you seek are in the best interests of the child.
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