- Australia's #1 Legal Community is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

SA No Responding Documents from Family Lawyer - Submit Another Affidavit?

Discussion in 'Family Law Forum' started by Cupcake, 10 February 2015.

Find a Lawyer Form
Find a Lawyer Form
Find a Lawyer Form
  1. Cupcake

    Cupcake Well-Known Member

    11 December 2014
    Likes Received:
    Hi all,
    My court date is Monday. I still have not received a thing from the other party's family lawyer, no responding documents, discovery items or anything. I am thinking they are waiting until the last minute, so I don't get a chance to respond to anything they may say before the court date.

    Does anyone have any experience with this kind of tactic? I'm wondering should I submit another affidavit tomorrow with 2 important matters (arisen since my initiating application), just in case I don't get to respond to their documents by Monday.

    Are there any rules surrounding there very very delayed response? I thought you had to respond to an initiating application with a certain time frame and certainly well before the court date. Any Family Law Act sections I can clarify this with?

    Any opinions greatly appreciated.
  2. Sophea

    Sophea Well-Known Member

    16 April 2014
    Likes Received:
    I'm not sure about family law specifically, but with general litigation - if affidavits are not filed and served on the within the requisite time frame before the hearing, usually about 2 days, then they will require leave from the judge to be allowed to file them on the day of the hearing.
  3. AllForHer

    AllForHer Well-Known Member

    23 July 2014
    Likes Received:
    Family law tends to be a bit more relaxed about when affidavits are filed, but it won't permit a party to be ambushed at the last minute. Is your hearing another interim hearing?

Share This Page