QLD What does ‘additional Priority Indicia’ means for call over

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Cairns123

Well-Known Member
16 January 2018
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Hi, this was on a document that I’m to fill out, googling unfortunately points me to priority mail.

I’ve no clue what it refers to.

The case involves for property, parenting and maintenance

Thankyou got your time, happy Easter.
 

Cairnsdad

Well-Known Member
10 January 2016
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You actually need to give more detail as to the context it is mentioned. Understandably it is a form as pointed out but is it a form your lawyer has asked you to complete, the ex's lawyer, the ICL, the Judge, a bank or is it a form you found online that you think will help you.

Cheers
 

Cairns123

Well-Known Member
16 January 2018
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289
Cairnsdad, I don't know if the information below helps explain as it all seems unrelated (to me) to the words listed in number format lower down on this post:

It was issued by the Courts Chambers for Call Over which is the directions hearing to ascertain readiness for a trial date to be set. The letter attached reads like this was sent to everyone listed or projected to be listed for hearings or trial in the last half of this year. It also appears to read that everyone's call overs have bought forward to the same week in May - which sounds like it will be a long day waiting to be called for a very short time in the court room.

The document and letter received with it are to do with all of parenting, property or spousal matters - Orders sought or matters in dispute, witnesses, evidence base etc (basically a court format for a case summary in all matters).

The order of the document is Parenting, Property, then on the last page is the following headings in table format:


1. Additional Information:

2. Additional Priority Indicia?

3. Was the matter ready to proceed and previously listed for hearing but not reached?

4. Has the matter previously been listed for trial and been adjourned as it was not ready to proceed?

5. The matter has been on foot for a period longer than 18 months

6. Significant financial hardship would be experienced by one or more of the parties if matter does not proceed

7. Is Relocation Sought? And if so, reasons why priority should be granted

8. Other (please specify):

and that is the end of the document.

I will contact the Judges Associate after the long weekend if I can't find an answer before. I don't want to take up too much of the volunteers time on this page.

Happy Easter
 

Rod

Lawyer
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27 May 2014
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I don't know for certain, however you should be able to call the court to find out.

My best guess is the court wants to know if you have any new detail that changes the priority of the case (eg has someone been assault since the last filing, or moved interstate, etc) since the last time submissions were made.
 

Cairns123

Well-Known Member
16 January 2018
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Thankyou so much, I will do that, when they reopen on the 9th.


As there is new details that change the priority of the case, I have already started putting those together

The top of my head is exploding with everything now required sooner and on top of previously required stuff to do.

May I be so bold as to ask three final questions assuming that "Priority Indicia" is as you suggest as being a major new issue in the parenting matters

In your experience, am I right in thinking I need to complete, and email and/or file and/or serve: 1, 2 or all 3 of the following in the next 3 weeks?


1. complete and return as directed this latest document with the Priority Indicia" information on it without the evidence as it will not be sworn or filed but emailed to chambers and apposing party
2. complete, file and serve an urgent application in a case and affidavit and minimal necessary evidence (for amended short term necessary interim orders changes or orders needed because of the new issues that cannot wait 3,6,12+ months for trial.
3. complete and file further amended initiating application, affidavit and evidence pertaining to the long term changes now sought based on those same issues.

If all 3 - do them in the order I have below (simplest to most complex)?
and finally -

Regarding Orders sought in a further amended initiating application, would I be able to just put it in as a complete fresh Orders sought rather than crossed out and amended lines all over the place given the current interim orders and the pending results of my urgent application in a case (and attach all the previous applications as required to the back with a red line through all the orders sought on those older ones?

Sorry, its so complicated, especially over a long weekend - so please don't feel obligated to answer it all.
 

Rod

Lawyer
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27 May 2014
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Is your ex self represented or has a lawyer? I'm thinking there may be cost consequences if you put in completely fresh orders.

Hard to comment on the other aspects as we don't know what circumstances have changed to want to make you even think about fresh orders. You mentioned your case covers parenting, property and spousal matters so I am unclear what has changed that affects all 3 areas and thereby warrants fresh orders. My gut feeling is amending documents only where necessary and relevant but you are the one placed to know which option is better.

You need to avoid introducing evidence that shows you cannot co-parent unless going for sole parenting responsibility with extremely rock solid evidence backed up by an ICL report.

The request from the court looks like they are ready to schedule a date and are ensuring all relevant and outstanding issues are clearly listed. They do not appear to be looking for a whole new set orders. It may be necessary to pay for 2-4 hrs of legal advice on what is the best way of proceeding.

Considering the FCC has issued a page limit on submissions since the beginning of this year you may need to rethink what you are doing. See my recommendation to get some legal help at this stage of proceedings. It could save you lots later.
 

Cairns123

Well-Known Member
16 January 2018
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289
Other party has lots of additional legal representation, no icl (asked for one but was told no)

Appointment for 1 free legal aid appointment scheduled soon luckily, will make the new doc the priority and seek advice with the insight you’ve provided

I’m so lost atm, but usually seem to gain some semblance of understanding with time, research and lots of work.


New evidence affects all 3 areas because:
I’ve only fairly recently been made aware that the Other party has officially refused to accept (will dispute every dot) previously known (years old) diagnosed disabilities of the kids, and
2. because the past reports were quite old, (5+yrs) I’ve needed to get the kids reassessed and updated reports written by new and more experienced private specialists as quickly as I can afford, and
3. The first specialist is nationally recognised and they uncovered major gaps in previous assessments, giving me advice how to proceed, and
4. To date one new (unpredictable and progressive) diagnosed disability had been added the other older diagnoses have been either reconfirmed or are scheduled; but

Both kids have larger impairments and larger numbers of impairments than previously reported, (ie you wouldn’t ask a 5 yr old manage their own teeth cleaning; but you would a teen)

Both kids will need life long formal, informal, medical, practical and financial supports that only I provide (a whole other story). in turn this affects and will continue to affect my expenses, income and career.

Even if NDIS, Medicare and Centrelink supports, there are, and will always be, massive financial, emotional, physical and other burdens on me and they need to be considered, or we will beck in court in 12 months or less

There’s also changes because of major new safety issues regarding both children when they are with their father.




Thanks

Enjoy your long weekend
I appreciate bending your ear