NSW How Does Federal Circuit Court Count the Dates?

[Angel85]

Hi

I am wondering how the courts count the number of days that are allowed for certain processes to take place? Are weekends included? What if the last day before the hearing is a Sunday?

In the Federal Circuit Court Rules, it says that an application cannot be served less than 7 days before the day fixed for the hearing (see below)

I was served with the documents at 6.30pm on 28 February. The documents required me to appear in Family Court at 9.30am on 6th March, a Monday. I don't think this is within the seven day rule. This was for a new application so part (a) below is not relevant.

My plan was to seek an adjournment to the date of the hearing given I had no time to apply for legal aid, no time to file a response etc. But the Judge went ahead and issued interim orders anyway. Can I appeal? Is there anything I can do if the 7 day rule was breached?

Please if anyone can advise me I would appreciate it! I don't know where to go. This does not seem fair at all to me.

Thanks.

Federal Circuit Court Rules 2001 - Rule 6.19
Time for service of applications

Unless the Court orders otherwise, an application and any document filed with it may not be served:

(a) less than 3 days before the day fixed for the hearing of an application in a case; or

(b) less than 7 days before the day fixed for the hearing of any other application.

 

[AllForHer]

Is this a parenting/property application?

 

[Angel85]

Is this a parenting/property application?

Hi,

Yes, it was an initiating application for parenting orders. My partner applied for interim and final orders, as well as recovery orders, all in one application, I was served these on 28 Feb. I also cannot understand how a recovery order can be enforced as I have always had custody and care for my older son. I currently had both of them in my care, but the Judge ordered both of them to go back to their mother.

My older son has severe autism (non-communicative) and has been removed from everything he knows - I think the Judge did not listen or realise that he was already in my care.

I had no chance to defend myself as my ex-partner turned up with the best barristers and solicitors money could buy, and I had nothing, because i had no time to apply for legal representation. I had emergency aid on the day to help seek an adjournment but the barrister just walked all over everyone.

 

[AllForHer]

Okay, this is tricky.

You can appeal the interim orders to the Family Court, but it'll be on grounds that the judge made an error, rather than because the application was received too close to the first hearing. Generally speaking, the Court doesn't place too much weight on the timeliness of service in the early days of a matter, though admittedly, I am surprised the judge didn't adjourn.

Speak to a lawyer as soon as possible. Appeals have limited timeframes (28 days, I believe), so you'll need to act swiftly.

 

[Migz]

Angel85, Welcome to the "Family Circus Court"...

I am behind you all the way, the dates and timing and filing and serving of documents is a complete farce... and guess what else even if you do things by the book the judge doesn't even read them at the interim hearing anyway.

Teachers in high school wouldn't let you hand in assignments late...but guess what in the Family Circus Court rules are there to be broken...its a complete joke. I went in seeking more hours with my baby daughter and like you I have actually ended up with less than I was getting before I went to court. All because the Ex pulled a swifty and said my Friday visitations were fortnightly.

They were weekly. I have even said to the ex since the court date please just try and stop my Friday afternoon visitations...the whole system is a complete sham. And these Judges are the only ones to blame. The buck stops with them.

Cheers