SA Self Represented - Fixing a Mistake in My Application?

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

Cupcake

Well-Known Member
11 December 2014
51
5
224
Hi Everyone,

Yesterday I lodged an Application in a Case as a self-represented litigant (Family Law). I think I have made 2 faux pas already and need some advice. I annexured a letter from the other parties lawyer but I think under "without prejudice" I can get into trouble for this, is that correct? If so, how can I explain this to the judge. I have read that if an item is struck out of an affidavit that I could be up for court costs for the other party and the matter can be thrown out. The letter is relevant to proceedings though so not sure...

Other one was I completely forgot to list a bank account on the financial statement. It is not in my name but I can access it as its in my daughter's name. How can I overcome this? I don't want the other party/court to think I am not fully disclosing/hiding assets.

Thanks in advance.
 

Sarah J

Well-Known Member
16 July 2014
1,314
250
2,389
Melbourne, Victoria
Hi Cupcake,

You should apply to court as soon as possible to amend your application. Depending on what the document you submitted was (e.g. writ) the rules and procedure may be different.

I suggest contacting the Family Law court, tell them what document(s) you wish to amend, and ask them the procedure on doing so. For re-submission of the application, you will be bearing the costs as you made the amendment and the other side bears no part in this.
 

Sarah J

Well-Known Member
16 July 2014
1,314
250
2,389
Melbourne, Victoria
Hi Cupcake,

Legal letters to clients concerning legal advice are privileged, which means you do not need to disclose it. No other person apart from the client can waive the privilege and disclose it without breaching confidentiality rules. However, if you are the client, you can waive this privilege and disclose it.