My situation...The OP failed to follow court orders to file disclosure and her final trial affidavit by deadline. At the next hearing magistrate gave her a further 3 months otherwise case will proceed undefended. She failed that and undefended hearing is set for September. My lawyer also sent her a letter a few weeks prior as a reminder and too see if she needed additional time but had no response. This week her new and 4th lawyer advised they have lodged a form 2 requesting the undefended hearing be vacated and allow time to file all requested documents as she wishes to participate in a defended trial. Her affidavit states she does not understand English despite having a interrupter present on every hearing and was even able to participate in two conciliation conferences. And that she was not represented the majority of the proceedings and was unsure. This is the second time she has be warned of a undefended hearing. The first time exact same thing but she did manage to file on the very last day and she was represented that time and not sure her argument about not understanding. My lawyer says chances are she will be allowed to. Makes me so angry as her whole plan is to drag it out so I incur unnecessary legal fees. And must mention I had to subpoena her bank accounts as she refused to do full disclosure. I can kept on going???
