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

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Well-Known Member
11 December 2014
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.


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.


Well-Known Member
23 July 2014
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?