VIC Respondent Didn't File Any Evidence-in-Chief - What to Do?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Malissla

Well-Known Member
24 April 2018
135
2
389
You are just not listening are you.. it is YOUR perception and view that it is a no filing and not a late filing. It is YOUR lack of any experience whatsoever that makes you seem to think that everyone files on time and it is YOUR (rather flawed) view that people cannot file after a filing deadline. Let me tell you where you are wrong (again)

PEOPLE FILE LATE, LAWYERS DO, SELF REPS DO, ICL'S DO and NOTHING ever happens bar a slap on the wrist at most . In my last case my ex filed 4 weeks late, in the last 5 cases i have worked on the opposition filed weeks late.. would you like me to print you off a certificate to prove this. Late filing is the norm and its more surprising if people actually file on time

Stop clutching at straws and stop dreaming. This is not TV. You are setting yourself up for a huge fall if you continue down this path of total nonsense. I wont respond to you again, you are beyond help but i look forward to your grovelling apology when the time comes

Yes but you didn't have an affidavit from them telling you they was not going to file did you? Which is why I have the perception I have.
 

thatbloke

Well-Known Member
5 February 2018
335
42
714
Earth
Yes but you didn't have an affidavit from them telling you they was not going to file did you? Which is why I have the perception I have.
So now it gets worse, you are only giving people half a story and asking for opinions. Great.. how about you only get half an answer? I think your next move should be ........ (fade to black screen)
 

Malissla

Well-Known Member
24 April 2018
135
2
389
So now it gets worse, you are only giving people half a story and asking for opinions. Great.. how about you only get half an answer? I think your next move should be ........ (fade to black screen)
No not really, I either file for it to go ahead undefended, or I don't and go for trial and let the court deal with the fact that the respondent has filed no evidence, which would mean he doesn't get the orders he wants. What I have said is very clear, I don't want to make the application now because by doing so the court may afford the respondent more time to file. Like "Nonfiction" said, wait a few weeks. (Good advice).
 

Malissla

Well-Known Member
24 April 2018
135
2
389
Yes, a clear load of rubbish not grounded in any practical facts of how hearings happen in the real world.
I don't know what world you live in but court orders are court orders, I haven't mentioned hearings, you are deluded.
 

thatbloke

Well-Known Member
5 February 2018
335
42
714
Earth
I, I haven't mentioned hearings
Erm
My trial date in family court has been set
matter go to the trial date and let the court deal with the respondent not filing any evidence?
I have seven weeks until trial starts.
I would rather do it nearer the trial date .

Trials are what happen on TV, in the real world they are HEARINGS Control F is your friend
 

Malissla

Well-Known Member
24 April 2018
135
2
389
Erm





I can understand your confusion. Trials are what happen on TV, in the real world they are HEARINGS

No, hearings are what happen BEFORE A TRIAL, God you are f*%king stupid. Mention HEARING, direction HEARING. Oh the Order should say HEARING and not TRIAL ? I'll take that up with the Judge! My HEARING affidavit as opposed to my TRIAL affidavit ? LOL. And you say I'm confused?
 
Last edited:

thatbloke

Well-Known Member
5 February 2018
335
42
714
Earth
No, hearings are what happen BEFORE A TRIAL, God you are f*%king stupid. Mention HEARING, direction HEARING.
WT actual F are you on about!!!!!

Would you like to make a wager on it. I have $5000 sitting in my bank that says final HEARINGS are HEARINGS and that other appearances are just mentions, directions hearings, interim hearings, call overs or procedural mentions or the like.. but, that aside, the final hearing is the final HEARING.... end of

Put your money where your mouth is! I DARE you. If i really am so f*%king stupid its easy money for you for minimal effort....

You sound like you need psychiatric help. Your ex had a lucky escape
 
Last edited:

Malissla

Well-Known Member
24 April 2018
135
2
389
WT actual F are you on about!!!!! You REALLY do not know WHAT you are talking about. Would you like to make a wager on it. I have $5000 sitting in my bank that says final HEARINGS are HEARINGS and that other appearances are just mentions, directions hearings, interim hearings, call overs or procedural mentions or the like.. put your money where your mouth is! I DARE you.
Listen d*#khead - my matter is set down for TRIAL not a hearing! Final stage of trial before the judge (held in court) - Family Court of Australia