Australia's #1 for Law

Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!

NSW Family Law Initiating Application - How to Complete as Respondent?

Discussion in 'Family Law Forum' started by littlehelpplease, 9 December 2014.

  1. littlehelpplease

    littlehelpplease Active Member

    Joined:
    27 September 2014
    Messages:
    14
    Likes Received:
    1
    Hello all,
    I've been served with an Initiating Application (family law court) by my wife's lawyer who are the applicants. I had a look at the federal circuit website and download the Initiating application which contains orders sort etc.

    I have completed it however I am not entirely convinced I have the correct template as I am the respondent. For example should the applicants name be my wife's and should I list myself as the respondent throughout the document/template or do I need to find a respondents template?

    Thank you in advance.
     
  2. AllForHer

    AllForHer Well-Known Member

    Joined:
    23 July 2014
    Messages:
    2,634
    Likes Received:
    496
    The Federal Circuit Court website has a 'Response' form which can be found here.

    With your response, you will also need to file a Affidavit as supporting evidence for the orders you seek. A template for this can be found here.

    Throughout proceedings, you will be known as the 'respondent'. Your wife will be known as the 'applicant'.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
    Amanda E likes this.
  3. littlehelpplease

    littlehelpplease Active Member

    Joined:
    27 September 2014
    Messages:
    14
    Likes Received:
    1
    Cool.
    I have completed my affidavit and financial statement but as I got to the end of the Initiating Application template which include orders sort (on my part) it became a little confusing but thanks for clearing it up.
    just one other question, on her intiating application there is a page (part k) where there is an applicant 1 and applicant 2 statement of truth where you sign as being truthful she has signed applicant 1 on her's and I am wondering should I sign applicant 2 on mine???
    Thank you in advance
     
  4. littlehelpplease

    littlehelpplease Active Member

    Joined:
    27 September 2014
    Messages:
    14
    Likes Received:
    1
    Oh and if I am seeking final orders to get the matter over and done with can I leave the interim orders section blank?
     
  5. Amanda E

    Amanda E Well-Known Member

    Joined:
    9 April 2014
    Messages:
    154
    Likes Received:
    21
    Hi - if you're just seeking final orders, then you just fill out that section. You can contact the Court's Family Law enquiry line: 1300 352 000 if you have questions about the Court forms.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
    Sarah J likes this.
  6. Sarah J

    Sarah J Well-Known Member

    Joined:
    16 July 2014
    Messages:
    1,314
    Likes Received:
    247
    Hi,

    I agree with Amanda, contact the court to clarify.

    But briefly, I do not think you should be signing as "applicant 2" as you are the respondent and not applicant in her application. Secondly, it is up to you whether you wish to seek interim orders (temporary) or not. If you are happy with seeking a final order, then don't fill that part in. You can seek the same in interim and final (e.g. injunction)
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
  7. littlehelpplease

    littlehelpplease Active Member

    Joined:
    27 September 2014
    Messages:
    14
    Likes Received:
    1
    Thank you for the legal answers. You are right Sarah J, I found the correct template as a respondent. Luckily I have got representation now and we are going to resubmit my documents before the interim hearing.
     
    Sarah J likes this.
  8. Sarah J

    Sarah J Well-Known Member

    Joined:
    16 July 2014
    Messages:
    1,314
    Likes Received:
    247
    I'm glad you found representation and it's all moving forward. Best of luck with the case.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
Loading...

Share This Page

Loading...
gt;