NSW Late Filing of Affidavit - Thoughts?

[Philly2020]

The other party to a family law matter was ordered to complete and serve an affidavit to support and injunction from previous orders. That time has been and gone 5 days ago. I have heard some people file weeks late yet the judge overlooks this and allows the affidavit to be accepted. Is this true?

I would have imagined that if a judge gives orders, and they are ignored, it wouldn't go down so well. In particular when the party has a very bad history of attendance in proceedings so far.

Thoughts?

 

[Jake Matherson]

Not show up to court, file weeks late, ignoring court orders. Are you sure you're not talking about my case?

I too hold hope that it will eventually catch up with them but I am not holding my breath and not wasting my energy on it.

1 hour before the court the other party's lawyer emailed me a copy of their 2nd Affidavit. I responded to their lawyer and informed them that they had, in fact, emailed me my own affidavit and requested they try again.

I then received a copy of the other parties 1st affidavit which I already had a copy of and was of no use to me. Once again I gave the lawyer encouragement to try again. I never received that 2nd affidavit.

Anything goes In Family Law I wouldn't be counting on a deadline to stop anything.

 

[Philly2020]

Not show up to court, file weeks late, Ignoring court orders. Are you sure you're not talking about my case?

I to hold hope that it will eventually catch up with them but I am not holding my breath and not wasting my energy on it.

1 hour before court the other party's lawyer emailed me a copy of their 2nd Affidavit.
I responded to their lawyer and informed them that they had in fact emailed me my own affidavit and requested they try again.
I then received a copy of the other parties 1st affidavit which I already had a copy of and was of no use to me.
Once again I gave the lawyer encouragement to try again. I never received that 2nd affidavit.

Anything goes In Family Law I wouldn't be counting on a deadline to stop anything.

Wow! And a judge never acknowledged such unprofessionalism by the solicitor? Did the judge allow their 2nd affidavit to be admissible, despite you never received a copy? Surely not!?

 

[Jake Matherson]

We haven't made it to a Judge yet only Registrar's. I was able to get my hands on a copy of the affidavit via the court portal as it was uploaded 2 days earlier.

However, the unprofessionalism in attempting to serve it to me, a self rep, one hour before the court is a bit of a rude move. It didn't matter anyway, the affidavit wasn't worth the paper it was written on.

In saying that to date nothing has been said about it by anyone.

But yeah, anything goes has been my experience just saying.