ACT Federal Circuit Court Deadline Family Law

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Aliciaqu

Member
27 June 2018
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0
1
Hi guys, hoping someone can shed some light before I miss my dead line.

Family law proceedings set for final trial next month, affidavit of evidence in chief needs to be filed by end of today. .. No other party has filed as yet as I'm keeping and eye on the portal.. I am self representing and despite my best efforts to get this all in on time, I just won't get it done and signed off in time. Is there any way I can ask for a small extension to file? And if so how do I go about it? Thanks
 

thatbloke

Well-Known Member
5 February 2018
335
42
714
Earth
How many days are we talking about? Dont stress on a few days. Just file a bit late. No need to really ask for leave unless you are going to be VERY late. Hardly anyone files on time in the legal profession. IF you see them file today it might be worth shooting off a quick letter just to let them know, and copy in and ICL. If you are filing late and they file on time DO NOT quote, use or incorporate any of what they have filed in their affidavit that was produced on time. You will get a bollocking from the judge and the entire thing could be thrown out
 

Aliciaqu

Member
27 June 2018
3
0
1
How many days are we talking about? Dont stress on a few days. Just file a bit late. No need to really ask for leave unless you are going to be VERY late. Hardly anyone files on time in the legal profession. IF you see them file today it might be worth shooting off a quick letter just to let them know, and copy in and ICL. If you are filing late and they file on time DO NOT quote, use or incorporate any of what they have filed in their affidavit that was produced on time. You will get a bollocking from the judge and the entire thing could be thrown out


Thanks so much for the reply thatbloke

I would be able to get it filed on Friday at the absolute latest .. But just reading the orders that say no evidence to be relied upon after today's date. .. Should I email the registry maybe, just to be safe? I've just put so much effort and time into this, to make sure it's all evidence and focused on the child and removed my emotions from it entirely, I would hate to see it go out the window and have nothing to rely on at the trial next month.
 

thatbloke

Well-Known Member
5 February 2018
335
42
714
Earth
Thanks so much for the reply thatbloke

I would be able to get it filed on Friday at the absolute latest .. But just reading the orders that say no evidence to be relied upon after today's date. .. Should I email the registry maybe, just to be safe? I've just put so much effort and time into this, to make sure it's all evidence and focused on the child and removed my emotions from it entirely, I would hate to see it go out the window and have nothing to rely on at the trial next month.

Emailing the associate (not the registry) usually ends up in an email saying you should not have emailed the associate! Also, you have to seek all parties permission to do so BEFORE you send it AND include them in on the communications you send. In theory that will take more than the 2 days you need. I bet you the other side dont file today :-D and if they do, do the polite letter thing to cover your backside

Just my opinion but Its wednesday, friday is no big deal. If you get pulled up on it just say you were self represented and overwhelmed. but it really won't be a big dealio. I have seen and have also filed countless documents late or just past the mark and sometimes weeks and weeks late and in the 12 years i have been helping myself and others i have never once seen anyone get in trouble for it.

And removing the emotion but stating the facts.. WELL DONE!!!!!!
 

Lennon

Well-Known Member
11 September 2014
270
36
719
To be fair you could email the other side and suggest that you both file by 4pm on Friday. That way their affidavit won’t be filed first and you won’t have that perceived advantage.
 
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