NSW Help with Wording Response to Adjournment Request?

[Brandon Taylor]

Hi,

My ex has today requested my consent for an adjournment of a contravention case, 13 days out from the court date. I am self-representing in the matter and wish for some help on wording my response.

I have requested a reason for the request and she responded that Legal Aid will take another 6 weeks for someone to look at her case. She was served the documents in late June.

2 and a half weeks ago, she sent me a message saying "I don't think I will be able to attend".

I do not wish to consent. I have arranged for time off work and for care for my 6 week old child. I have contacted Legal Aid QLD who said that an application takes 5-10 days for someone to look at the matter so I don't know whether she is telling porkies or not.

Please help with my response telling her I do not consent.

Also, should she file an application for adjournment anyway, what will the likely response be given she has had 3 months to sort out her legal representation?

 

[AllForHer]

Okay, so this isn't legal advice. Don't take it as legal advice. This just how I've dealt with a similar situation myself before.

When asked for an adjournment that we did not consent to, we said something to the effect of:

To X,

In regard to correspondence received on [date], requesting consent to adjourn the matter [matter number] prior to the upcoming hearing on [date], I wish to advise that I am not agreeable to an adjournment on grounds that the initiating application was served to you on [date], [number] weeks prior to the aforementioned hearing date. This time frame complies with the relevant rules and provides sufficient time in which to organise legal representation.

Kind regards,
Y.​

Be aware that even if you refuse to consent to an adjournment, the Judge may still grant one.

Hope this helps.

 

[Brandon Taylor]

Thank you very much for your assistance AllForHer, your response suggestion was very helpful.

 

[Lennon]

My ex recently asked for an adjournment of a directions hearing because she was saving money for a lawyer (lol). I responded listing my reasons for not consenting, and the judge declined her request.

In relation to legal aid, it is possible that an initial application was refused, and that she is seeking a review of the decision. That takes much longer than an initial response.

 

[Brandon Taylor]

The ex has sent an email to the Judge requesting an adjournment.

In this email, she states that I bypassed mediation in order to obtain the 60i certificate (not true, I requested her address multiple times in order to send mediation request because they were not able to do this over the phone. I had to provide evidence of her refusal in order to obtain the certificate). She claims that Legal Aid NSW has a minimum of 6 weeks for them to look at her application - on the Legal Aid website under 'How Long Does It Take To Get a Grant' it says that most applications are processed within two weeks.

She has also thrown in statements that our child has schooling activities in which it is really important for my ex to attend -which itself breaks the court order because I was not made aware of these activities!

Am I allowed to send a response to this request to the judge stating the above facts?

 

[Lennon]

The ex has sent an email to the Judge requesting an adjournment.
In this email, she states that I bypassed mediation in order to obtain the 60i certificate (not true, I requested her address multiple times in order to send mediation request because they were not able to do this over the phone. I had to provide evidence of her refusal in order to obtain the certificate).
She claims that Legal Aid NSW has a minimum of 6 weeks for them to look at her application - on the Legal Aid website under 'How Long Does It Take To Get a Grant' it says that most applications are processed within two weeks.
She has also thrown in statements that our child has schooling activities in which it is really important for my ex to attend -which itself breaks the court order because I was not made aware of these activities!
Am I allowed to send a response to this request to the judge stating the above facts?

You can (and should) respond to her email to the judge's associate.

Be very professional and keep to the facts. Something like:

"Dear Associate

I refer to the respondent's email to you sent on [INSERT DATE].

I object to the respondent's request for an adjournment of the hearing of my contravention application on the following grounds:

1. There has been more than sufficient time for the respondent to either arrange legal representation, or to prepare to represent herself on this occasion. In this regard, I note that Legal Aid NSW's advice on its web site is that most applications for grants of legal aid are processed within 2 weeks.

2. I deny the respondent's assertions in relation to the manner in which I obtained a section 60i certificate. I obtained a section 60i certificate in an appropriate manner, as determined by the FDR practitioner who provided that certificate.

3. While I agree that [CHILD]'s school activities are important, it is in [CHILD]'s best interests for the hearing and determination of my contravention application to proceed without delay.

Please let me know if His Honour requires any further information in relation to this matter.

Regards, Brandon Taylor"

 

[Brandon Taylor]

I thank you Lennon for your help, it is very much appreciated.

I am rather nervous about self-representing. Do you have any other advice for the day?

 

[AllForHer]

What's the nature of the contravention?

 

[Brandon Taylor]

Contraventions... Basically on almost everything in the family court orders on multiple occasions. The big ones being she withheld our daughter from me for 6 months (time that cannot be made up as she is now in school), she refuses to communicate about anything whether it's on the phone or via text, she withheld medical information regarding our daughter.

Essentially, she acts as if she has sole parenting responsibility and manipulates and enforces the court order to her rules. There are 200+ contraventions listed. 183 points in my affidavit which paint a very vivid picture of everything that has occurred - with text messages annexed to almost every point.

She doesn't facilitate a relationship between me and my child, forces me to drive 16+ hours (one way) to pick my daughter up and then i have to drive all the way back home. She refuses to travel anywhere other than 5 minutes from her house. She refuses to allow me privacy to talk to my daughter - every call is on speakerphone whilst there is supervision.

It's never ending.

 

[Brandon Taylor]

Her request was denied however she was granted permission to attend via telephone.

Has anyone been in a case where one parties attends via telephone communication? If so, what can I expect?