QLD questions re. affidavit

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Nick Handson

Member
14 February 2016
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Hi everyone,
I am self representing in Court. Our parenting and property proceeding started in late 2015 with me seeking for interim and final orders.
The Court had made an interim order re. Parenting matter, however, our property matter was put on hold.
In Feb this year, we went back to the court for the property matter. I filed an Amended initiating application for property settlement, but I was told I needed to file an Application in a Case. I am writing up affidavit now for the Application in a Case.
My question is, do I need to write a whole new affidavit include everything that I had already written and filed back in 2015 in my initiating application?

Many thanks.
 

MartyK

Well-Known Member
4 June 2016
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Who advised you that you needed to file an application in a case? Reason I ask is that usually an Application in a Case is filed when procedural orders or Interim Orders (other than the ones you have) are sought.
 
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Nick Handson

Member
14 February 2016
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Who advised you that you needed to file an application in a case? Reason I ask is that usually an Application in a Case is filed when procedural orders or Interim Orders (other than the ones you have) are sought.
Thanks MartyK for your time.
That's correct, that I am seeking for an interim order. The Initiating Application was filed for parenting and property matters in 2015. We had an interim parenting order in place in 2016. However, our property matter was ordered to be stayed due to the other party's criminal proceeding, which was finalised just before our last court date in Feb 2017. In our last court date, The Judge told me to file an application in a case for the sale of the property for the next court date. Because I had already filed all the affidavit with my original Initiating application. Would I still need to repeat everything in my current affidavit that i am preparing?
Many thanks.
 

MartyK

Well-Known Member
4 June 2016
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61
794
You do not need to file another affidavit if you are seeking an interim or procedural order (see Federal Circuit Court Rules - sub rule 4.05(2) FEDERAL CIRCUIT COURT RULES 2001 - RULE 4.05 Affidavit to be filed with application or response).

However, it would still be a good idea to at least file a short affidavit to support the actual orders you are seeking in your application in a case, and, to also include any additional relevant information. You can state in this affidavit that you also intend to rely on Affidavit filed by you on (date), if you like.
 

AllForHer

Well-Known Member
23 July 2014
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You don't need to repeat everything that you've already filed in your first affidavit. Instead you state that it is supplementary to your affidavit dated [X], and focus just on the evidence for supporting the interim order you're seeking.