QLD Federal Circuit Court - File a Late Response to Affidavit?

Discussion in 'Family Law Forum' started by Crittyj, 2 March 2016.

  1. Crittyj

    Crittyj Active Member

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    Hi,

    My ex-husband filed an Initiating Application in the Federal Circuit Court instead of responding to a magistrate's request for further information. He offered me substantially less than what was originally agreed on. Eventually, we agreed on the same thing again after I had a lawyer for a few weeks and I signed consent orders, however, I am now worse off because of the legal fees. Everything the lawyer suggested, he just refused to acknowledge including that he had a daughter, we paid child support for the entire time.

    Should I still file a response to his Affidavit, as there are numerous lies in it which can still be proven with bank statements, however, it is past the 14-day return date.

    Initially, he told me he would withdraw his affidavit. However now he hasn't done that.

    Thanks.
     
  2. AllForHer

    AllForHer Well-Known Member

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    Yes, you should definitely file a response. Not doing so will only delay the matter and may result in the court ordering you to pay his legal fees.
     
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  3. Crittyj

    Crittyj Active Member

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    Thanks
     
  4. EFB

    EFB Member

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    Hi, I got a similar issue. I am in proceedings since February. My ex files affidavits (60+ pages) just before hearing. My lawyer gets me to respond immediately. I provide updates and requested info timely back to her. Until now (3 hearings on) ex has filed 6 affidavits and 3 from family and 3 from friends. I was not present for the last 2 hearings but ordered a transcript. My lawyer has so far not filed one single thing but apparently disclosed prepped affidavits to the other party without being sealed, signed or accepted. She prepared the latest one for me which was below standard. I reworked it and submitted my affidavit back to her. In the transcript it is not clear which affidavit she has used. The judge has NOT seen it as he was complaining that my last info is from February. Not sure what is going on.

    1. Question: what is procedure during late filing? Has the judge to be asked and shown first? Or the other party? Upload it and hope for the best?

    2. Question: i have final trial in November. Can I just submit my responses to each single affidavit? Or do I ask for leave? Should I file with my affidavit in chief as annexures? Or is there the 10 page restriction... And are the 10 pages including annexed items?

    Thanks so much

    EFB
     
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