NSW Respondent fails to complete and file paperwork

[Patricia Wright]

Hi there
I just wanted ask what would happen in this situation.
My husband has filed an application to the federal circuit court for 50/50 shared parenting of his children. We have had the first court date and on this day were made aware that the respondent (his ex) has not completed nor submitted a response. The judge gave 20 days for this to be completed and served on my husband but this is yet to happen and the deadline has passed (note that the Judge put an order in place for this to happen). Our next court date is approaching so just wanted to see what happens in this case? Will we turn up only for case to be adjourned again or will there be some repercussions for his ex for not completing anything? We have done everything that has needed to be done just waiting on her to respond.

 

[AllForHer]

So, eventually, the Court will proceed with the application being undefended, but it generally gives some pretty generous time frames to reach that point. If it goes on for too long, you can probably apply for a costs order against her, but in the meantime, you're best to just wait and see what the Court thinks of the situation.

 

[Blessing]

as said above eventually it will go undefended. It wouldn't hurt for your husband to ask for it to be set down as undefended and also ask for cost order. If anything it might put pressure on her to act.