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QLD Family Law - Interpretation of Order

Discussion in 'Family Law Forum' started by Junior, 18 January 2016.

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  1. Junior

    Junior Well-Known Member

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    I still can't find the right solicitor for me. Please help me interpret this order. Some legal help communities are still closed until after school holidays.

    * the parties except the ICL make disclosure pursuant to Rule 13.20(2) of the FLR 2004 (the rule) and file a written undertaking as to disclosure pursuant to rule 13.15 of the rules by month 2016.

    * each party by month 2016 file and serve the following affidavits on their evidence in chief.
    Applicant
    Respondent
    ICL

    * each party by month 2016 file and serve affidavits in response to the affidavits of evidence in chief of the other parties.

    * the parties confer by month 2016 as to subpoenaed which may be sought to be tendered by consent.

    * each party by month 2016 advise the ICL in writing as to whether they require any authors of subpoenaed material to give evidence at the trial of this matter and specify the names of those required.

    It would be appreciated if anyone can help me with this family law order. I have been looking around to help me with my case but still looking.

    Many thanks.
     
  2. AllForHer

    AllForHer Well-Known Member

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    Which part are you experiencing difficulty with?

    The first part suggests that the parties must follow the family law rules - specifically the following:

    13.20: http://www.austlii.edu.au/au/legis/cth/consol_reg/flr2004163/s13.20.html
    13.15: http://www.austlii.edu.au/au/legis/cth/consol_reg/flr2004163/s13.15.html

    Basically, to me, the next part reads that the applicant, respondent and ICL each need to file an affidavit containing all the evidence they intend to use to support their case before the given dates, and a response to the parties' affidavits in the date that follows.

    The next part is, as I understand it, an order to inform the other parties of any subpoenas sought by the parties, and then an order to inform the ICL if any of the people subpoenad are required to attend the trial for the purpose of providing evidence and answering questions about the subpoenaed material.
     
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  3. Junior

    Junior Well-Known Member

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    I have difficulty on which dates I will file and serve my affidavit as respondent. Thank you for your quick response @AllForHer. Can I file my affidavit ahead of time? Is there any support group for self representing like me?
     
  4. AllForHer

    AllForHer Well-Known Member

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    Yes, you can file whenever, just make sure it's before the dates listed in the order.

    Organise an appointment with Legal Aid. They offer free consultations. I found them very helpful when I was an SRL.
     
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  5. Junior

    Junior Well-Known Member

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    I want to avoid court trial but the other party is very difficult to deal with. I couldn't negotiate with the applicant. I will file my affidavit before the due date.
     
  6. Junior

    Junior Well-Known Member

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    By the way @AllForHer, what kind of affidavit should I file and serve? All about the children's contact? What had happened in the past even though I won my District Case two years ago? Before this thing had happened? Or focus with our present situation? Thanks, again.
     
  7. AllForHer

    AllForHer Well-Known Member

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    Focus on the parenting matter, namely what's in the best interests of the kids. You can include the previous issue if you think it's relevant, such as if it causes you concern about whether or not the other parent is encouraging of the children's relationship with you.

    Before you file it, as well, I would get legal advice, even if it's just from Legal Aid. I always found Legal Aid very helpful when I was a SRL.
     
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  8. Junior

    Junior Well-Known Member

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    Thanks @AllForHer, I was thinking of including what had happened in the past but it's already been heard in the District Court of QLD. I might focus on the parenting matter, specially the best interest of my children. But will see... Legal Aid in CBD I will try to call them. Many thanks again
     
  9. AllForHer

    AllForHer Well-Known Member

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    It's always best not to try and hide things from the court, but don't draw it out longer than is necessary. As a very rough example, "In 2011, I was the respondent in an application for a domestic violence order filed by X. I disputed the application and the matter was tried on 12 June 2012 and subsequently dismissed."

    Another rough example for if, say, you were convicted of being in possession of drugs five years ago: "On 1 January 2011, I was arrested and charged with possession of an illicit substance and released on bail while awaiting trial. During this time, I voluntarily completed a four-week rehabilitation program between 5 January 2011 and 2 February 2011. I was convicted on 3 March 2011 and sentenced to serve two months imprisonment, wholly suspended. I have not consumed any illicit drugs of any description since 1 January 2011."

    It's probably not really necessary to go into excessive detail about the actual incident because it was already tried in another court. Just focus on the parts that you think will be important as it relates to the kids. In the first example, what's important is that it was dismissed at trial, meaning a different court found that no domestic violence was found to have occurred. In the second example, what's important is that you took steps to rehabilitate and have not taken any drugs for a significant period of time, so it's no longer a concern in relation to your kids.

    Does that make sense?
     
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  10. Junior

    Junior Well-Known Member

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    Thanks @AllForHer, I was not about to include those thing that had happened and already tried in another court, but it will be better to tell the court what had happened in a very brief precise statement.
     

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