VIC what does it all mean - preparing for final hearing

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malcolm_smith

Well-Known Member
9 June 2018
34
2
124
'a list of material relied upon'

what sort of materials would be relied upon?

'that each party be permitted to rely upon only one affidavit'

does that mean the affidavit originally submitted with the initiating application? or is it a new affidavit?

a list of contentions with respect to each of the considerations relevant to determining the best interests of the children (s.60CC factors);

a list of contentions relevant to the operation of s.65DAA;

Any examples of what should be in such lists?

'the actual orders sought'

Is that not the final orders requested in the initiating application, or should new orders be submitted?
 

Cairns123

Well-Known Member
16 January 2018
89
3
289
List of materials to be relied upon - my guess is the annexures before the courts, any exhibits;
I have several affidavits so I’d be required to submit an affidavit in chief I guess, if you only have 1, then that’s it I guess

Going through the acts and base your answers on the factual issues in dispute

There would be things you both agree on, so they are trying to cut to the chase on factual issues in dispute. I guess it’s (not we disagree on parental responsibility) but instead( the applicant to have sole parental because the respondent has found by fcc judge xyz on xyz date to have unstable drug and alcohol addiction and is unable to provide unsupervised care for the children (annex xyz Page xyz)

Actual orders sought yes are in your application but may have changed due to consent orders, changes in circumstances and the time since you applied for orders.