QLD What Happens if Defendant Files a Late Response?

[Kaberelivingdoll]

We have a case in Federal Circuit Court where the defendant filed a response several days after the date we were notified it had to be filed and served. We have not been served and several more days have now passed the date set in the notification.

Can the defendant use this response in court even though we have not been served and the lodgement date had expired?

 

[Rod]

Depends on the circumstances. Your lawyer should know what to do.

Might have no effect, in which case the trial goes ahead, or your lawyer be able to have the response thrown out, or you might ask to delay the case so you have the time you need to properly consider the material in the response - if this happens you also ask for a costs order due to other party not following court imposed timelines.

 

[Kaberelivingdoll]

Depends on the circumstances. Your lawyer should know what to do.

Might have no effect, in which case the trial goes ahead, or your lawyer be able to have the response thrown out, or you might ask to delay the case so you have the time you need to properly consider the material in the response - if this happens you also ask for a costs order due to other party not following court imposed timelines.

Hi Rod,

thanks for the response. Unfortunately this is a small claims case so no lawyers allowed. What is the point of having a date set by the court and one side not having to comply, how does that work?

 

[Rod]

Rules of evidence for small claims are much more relaxed. The idea is that the legal intricacies don't get in the way of fairness and justice for all parties in minor matters.

You probably can't use technical rules of evidence in the small claim to have his response thrown out. Delay might be the best you can hope for if you want it. I agree it is not fair on you, but some people are just unreasonable and that is probably why you are in court in the first place.

Just point out the delayed response to the judge and see what happens, assuming if you don't delay the date. Judges sometimes don't like having one party not follow court deadlines. May work in your favour if you continue despite late serving.

 

[Kaberelivingdoll]

Rules of evidence for small claims are much more relaxed. The idea is that the legal intricacies don't get in the way of fairness and justice for all parties in minor matters.

You probably can't use technical rules of evidence in the small claim to have his response thrown out. Delay might be the best you can hope for if you want it. I agree it is not fair on you, but some people are just unreasonable and that is probably why you are in court in the first place.

Just point out the delayed response to the judge and see what happens, assuming if you don't delay the date. Judges sometimes don't like having one party not follow court deadlines. May work in your favour if you continue despite late serving.

Cheers, thank you

 

[Kaberelivingdoll]

I have a court hearing date set in approx 1 week. I have only just recently received a copy of the defendants affidavits. I have medical evidence which disproves what is being stated in these affidavits. Do I have to send a copy of this medical evidence to the court before the hearing or can it be presented at the hearing?

 

[kimsland]

Hi,

Can I just say Rod's replies are perfectly how I understand this process as well. Being late in submitting documents does not automatically cause a the respondent to be in the wrong. In most cases it is allowed as it is evidence whatever the case.

Regarding further evidence (medical evidence) yes send this to the court chambers and CC to the respondent. Otherwise the Respondent may ask for a delay in replying to it in court.

By the way, bring all evidence to court. All submissions, Everything.

The judge may ask for this even if you have previously sent it. In court you bring everything with you.

 

[Kaberelivingdoll]

Hi,

Can I just say Rod's replies are perfectly how I understand this process as well.
Being late in submitting documents does not automatically cause a the respondent to be in the wrong. In most cases it is allowed as it is evidence whatever the case.

Regarding further evidence (medical evidence) yes send this to the court chambers and CC to the respondent. Otherwise the Respondent may ask for a delay in replying to it in court.

By the way, bring ALL evidence to court. ALL submissions, Everything.
The judge may ask for this even if you have previously sent it. In court you bring everything with you.

Thank you. Your help is very much appreciated