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VIC Family Law - No Initiating Application Response from Respondent

Discussion in 'Family Law Forum' started by Jace, 20 January 2016.

  1. Jace

    Jace Well-Known Member

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    I have an upcoming parenting order initial hearing on 31st March 2016 with the Federal Circuit Court of Australia, here in Melbourne. On the back page of the Initiating Application, it has an information sheet for the Respondent (I'm the Applicant). It includes a line that says that the Respondent must:

    "If you do not want the Court to make the orders sought in this application or if you want the Court to make other orders, you must deliver a copy of the response, affidavit and other relevant documents to the applicant’s address for service within 14 days"

    Court documents were served on the Respondent on 24th December 2015. It's almost a month later, and I haven't received anything in response. What happens now?

    I'm assuming the Parenting Order isn't automatically ruled in my favour, simply because she didn't file a responding affidavit lol... as nice as that would be.... but what does it mean under Family Law, if anything, now that more time has passed and she hasn't done anything about it?
     
  2. AllForHer

    AllForHer Well-Known Member

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    This early in proceedings, late filing is likely to go unnoticed. The judge might give the respondent's solicitor a dressing down, and you could ask for an adjournment if it's filed too close to the first hearing date and you wish to file a reply, but I wouldn't bother because you'll have to wait another two or three months for the next hearing date and anything the respondent provides this early on is going to be untested anyway. Fundamentally, late filing is not going to influence your case either way.

    If the other party shows up on the day, but fails to file a response, then the court might still make interim orders, or it might adjourn, could go either way.

    Don't get your hopes up yet for the matter proceeding undefended. My husband's ex-wife filed 12 hours before the first court date. He proceeded anyway for interim orders.
     

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