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VIC Seeking "Further and Better Particulars" from Intervention Order?

Discussion in 'Other/General Law Forum' started by Stephanie Kewming, 20 September 2016.

  1. Stephanie Kewming

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    If an Intervention Order has been applied for in the state of Victoria, can the Respondent seek to receive the contents of the Application prior to a mention?

    I had understood that a Respondent can seek 'further and better particulars' from the magistrate.

    The local court is telling me that I have to wait until the mention, when in fact I believe it is reasonable for me to be privy to content so I can be equipped with the accusations against me so I can decide how to proceed at the first mention.
     
  2. AllForHer

    AllForHer Well-Known Member

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    You must be provided with a copy of the application itself, but at this point, that's it.

    First mention isn't an opportunity defend yourself. It's where the Court decides if a relevant relationship exists and if the alleged conduct constitutes family violence in accordance with the relevant statute.

    You will be asked if you want to consent to the orders with or without admissions, or if you want to contest it at trial.

    Realistically, you shouldn't need anything more than the application to decide what you're going to do - are the allegations made on the application true? If so, accept without admissions. If not, contest. Easy.

    If you want to see other particulars about the application, then you can ask for that at first mention, but without consent of the aggrieved, you're unlikely to see it before then.
     
  3. Stephanie Kewming

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    Thanks for the feedback.

    Not unlike what I have been told. Allegations are untrue and whimsical at best but too costly to contest when I live in another state of Australia and am responsible for the applicants children.

    Victoria's law system works much differently to other states and it is frustrating to contest as the respondent MUST assign legal representation to be able to have the matter heard appropriately. Therefore, the respondent must simply walk away if it is cost prohibitive rather than having the matter heard. One can only hope that a magistrate lets common sense prevail.
     
  4. AllForHer

    AllForHer Well-Known Member

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    Which is consequently why a lot of people consent without admissions and focus their attention instead on the more substantial matter, that being parenting orders.

    DVOs/AVOs/IVOs are, for lack of a better term, child's play when it comes to parenting matters. I've seen plenty of parents with DVOs against them still gain residency of their kids. The State Court doesn't see much harm in making restraining orders - better to be safe than sorry, right? But the Family Court is a different story - children have a lot to lose if the Family Court decides to make a no contact order, so it takes them very seriously.

    You might consider accepting without admissions on the proviso that communication about the children be allowed, and that the children are not named on the order.

    Remember, the only advice I give is to seek legal advice.
     

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