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

[thatbloke]

Perhaps you could.

Keep pointing out you are a dishonest con artist

You just can't stand the thought that there are women out there who are far superior to your own lack of due diligence when it comes to these matters, which is probably why your ex beat you in court. Welcome to the real world.

More sexist claptrap from a con artist.. sorry have to go to pick up my son.. The one who lives with ME because i won my case based on the strength of my argument and not by devious con artist type ways. Then we are off to see my grown up daughter, who also lived with me after i won TWO cases without having to resort to being a woman hating con artist.

I have a feeling your Daddy was mean to you when you were a liccle girwlie. Please get the help you need

 

[Malissla]

Keep pointing out you are a dishonest con artist


More sexist claptrap from a con artist.. sorry have to go to pick up my son.. The one who lives with ME because i won my case based on the strength of my argument and not by devious con artist type ways. Then we are off to see my grown up daughter, who also lived with me after i won TWO cases without having to resort to being a woman hating con artist.

I have a feeling your Daddy was mean to you when you were a liccle girwlie. Please get the help you need

More lies and bullsh*#t

 

[MartyK]

I have to do so in a time frame that would not allow for the court to allow time for the filing and reply prior to trial, so perhaps just two weeks prior to trial. You said if it were you then you would wait until trial - by that do you mean turn up on the day and simply raise with the court that the respondent has not filed any evidence or affidavits and let the court come to the realisation that the respondent has no case? Or simply apply on the day for the matter to proceed undefended?

Apologies, Malissla, posting on the run - I meant to say if it was me I would not rock the boat now, give short notice, and wait for trial.

2 to 3 weeks notice is reasonable - the respondent has had plenty of time to file. Do not wait until trial - however slight the chances of it being granted, it still provides opportunity for an adjournment argument.

 

[Malissla]

Apologies, Malissla, posting on the run - I meant to say if it was me I would not rock the boat now, give short notice, and wait for trial.

2 to 3 weeks notice is reasonable - the respondent has had plenty of time to file. Do not wait until trial - however slight the chances of it being granted, it still provides opportunity for an adjournment argument.

Thank you Marty, I agree the respondent has had plenty of time to file, I will file 2 - 3 weeks prior to trial, it seems unlikely that the application in case will be heard within the two or three week leading up to trial and may well be heard on the first day of it.

 

[thatbloke]

More lies and bullsh*#t

Has it hurt your man hating brain that a male can end up the primary carer of 2 kids without having to lie and con their way to orders like you?

We are not all liars and cheats who try to con the system.

Your behaviour is atrocious, your attitude is disgusting and your lies MUST be in place of a weak argument in court of you would not have to lie and cheat your way to get what you want.

You stand as a reminder to every person reading this thread how NOT to behave when it comes to separation and court. so, please continue, you are giving people a valuable lesson on how not to behave. PLEASE continue to post

 

[thatbloke]

This thread should be renamed "How can a man hating dishonest woman con a court into getting them to not let a kid see their dad" Its more accurate

 

[Malissla]

This thread should be renamed "How can a man hating dishonest woman con a court into getting them to not let a kid see their dad" Its more accurate

A court makes an Order that either partie can file for the matter to proceed undefended in the event that either partie fails to comply with a court order, one partie fails providing for the other to file to proceed undefended, when that person discusses when they should file you come along and call them a con artist? Now notwithstanding that, I asked you not to comment on my posts because you are an activist with no legal knowledge and offer nothing but bad advice, that aside you clearly have mental issues and present as a stalker, I'll ask you again to NOT comment on my posts, I don't like you, I want nothing to do with you, you creep me out. I do not care about anything that you say is happening in your life, it's unfortunate that you even have one, go away you nasty little man.

 

[Nonfiction]

...without having to lie and con their way to orders like you...

Ok, so given I’m not here to make “friends”... I’m going to clarify a few things...

@thatbloke although I do agree with you there is a lot more to this matter that meets the eye (there always is)...and I agree that OP could be in for a big shock with trial (including appeal avenues for the respondent, if they choose, if the matter proceeds undefended)...under no circumstances do I think OP is a ‘con artist’...I think she may be, with some 7 weeks left to trial, just a litigant in person spent/exhausted by the system. You and I, both past litigants in person, both actively involved with assisting others from start to end, both know how that feels...

@Malissla I make it no secret that I know thatbloke personally...I, along with several others have helped him with various proceedings spanning many years. My involvement was helping him (helping) with his last matter where he gained primary care of his son...for very good reason. He is not an activist, far from...in fact he’s too lazy for that (sorry thatbloke...but you know you can’t be bothered with submissions and the like)...what he is, is a person, while blunt, direct, no nonsense at times for sure...someone who hates kids not having the best opportunity (where possible) to have both parents in their life and someone who does not want litigants (mum or dad) to go into court blindly...there is nothing about the Family Courts that mimic real life and you can follow every rule and still be blind sighted! He’s probably going to kill me for this...he has relocated interstate to be near a child when mum decided she’d relocate and it was likely going to be granted by the court, had false allegations made against him, fought violence orders and won, had a parent try to abscond with their child, had “err on the side of caution” contact centre orders made against him, had ICL’s, report writers, expert report writers ignore crucial evidence (he’s always had evidence to back everything up), the list goes on...in the end granted primary care (but not easily)...and even after that because his kids love their other parent, and ask, he even lets them into his house to celebrate special occasions for the kids and the like. You do not have to like him, or anyone for that matter...that’s well within your right...he and I don’t always agree at times either but the one thing we have always agreed on is the children comes first and everything else, adult crap and otherwise, is secondary.

btw I think your idea of filing a few weeks out is a good idea! I wish you well with your case!

 

[thatbloke]

Thanks nonfiction... you were actually quite conservative in your analysis of my cases and my extreme laziness

But let me add that despite being very lazy I also spend a lot of my week helping others,male and female, through their court cases run a group with almost 150 members and have helped at least 15 people be reunited with the kids in 10 years... and that's not easy to do when you're very very lazy looking after a disabled kid almost full time alongside a 2 year old as well

Thanks again..it's good to have a non gender specific like you on your side.. :-D

 

[Malissla]

Ok, so given I’m not here to make “friends”... I’m going to clarify a few things...

@thatbloke although I do agree with you there is a lot more to this matter that meets the eye (there always is)...and I agree that OP could be in for a big shock with trial (including appeal avenues for the respondent, if they choose, if the matter proceeds undefended)...under no circumstances do I think OP is a ‘con artist’...I think she may be, with some 7 weeks left to trial, just a litigant in person spent/exhausted by the system. You and I, both past litigants in person, both actively involved with assisting others from start to end, both know how that feels...

@Malissla I make it no secret that I know thatbloke personally...I, along with several others have helped him with various proceedings spanning many years. My involvement was helping him (helping) with his last matter where he gained primary care of his son...for very good reason. He is not an activist, far from...in fact he’s too lazy for that (sorry thatbloke...but you know you can’t be bothered with submissions and the like)...what he is, is a person, while blunt, direct, no nonsense at times for sure...someone who hates kids not having the best opportunity (where possible) to have both parents in their life and someone who does not want litigants (mum or dad) to go into court blindly...there is nothing about the Family Courts that mimic real life and you can follow every rule and still be blind sighted! He’s probably going to kill me for this...he has relocated interstate to be near a child when mum decided she’d relocate and it was likely going to be granted by the court, had false allegations made against him, fought violence orders and won, had a parent try to abscond with their child, had “err on the side of caution” contact centre orders made against him, had ICL’s, report writers, expert report writers ignore crucial evidence (he’s always had evidence to back everything up), the list goes on...in the end granted primary care (but not easily)...and even after that because his kids love their other parent, and ask, he even lets them into his house to celebrate special occasions for the kids and the like. You do not have to like him, or anyone for that matter...that’s well within your right...he and I don’t always agree at times either but the one thing we have always agreed on is the children comes first and everything else, adult crap and otherwise, is secondary.

btw I think your idea of filing a few weeks out is a good idea! I wish you well with your case!

I am a Canadian male, who is doing my very best to assist an Australian female who is the victim of extreme family violence, I am working in an unfamiliar law system to protect a woman and a number of children from the perpetrator of that violence and a very slow and incompetent legal system, no I do not post all the details, only what I consider to be relevant in order to assist me in doing the best I can, she isn't legally assisted because the lawyers she has had contact with have been utterly useless and that's just the way it is, we all have our stories and it isn't my place to tell all of hers, I say what I have to say to get the advice I need. I am grateful for good advice and if i believed it would benefit the children having both parents in their life I would encourage it, however i do not, this man put all of them at serious risk.. they are lucky to be alive, she was told by CPS to take the children and RUN, it isn't often CPS give that kind of advice in writing, I don't come here to argue, I come for the much needed advice, I do ok on my own, most of the time I simply need verification that I am taking the correct route, I am not here to make friends, I am here to get a little help to do the right thing for this woman and these children. Frustrated with a very slow and incompetent legal system, yes..very. I am grateful to @Nonfiction and happy to bury the hatchet with @thatbloke, as i said I come for assistance not arguments.