ACT What's an appropriate time to require a response?

[maintaining_compassion]

I have received a letter from my ex partner's lawyer (I'm self representing, although I have access to legal advice should I need it) stating a number of desired outcomes for items that are being disputed by me. The lawyer has stated that I need to respond within one business day otherwise they will seek an interim order from the courts and attempt to charge me costs.
Is this an reasonable amount of time to require a response and if not, what is reasonable? I would have expected five business days or more.

 

[sammy01]

no very unreasonable.
14 days.
I'd write a short response.
Dear solicitor,
I will endeavour to provide the requested information. However, 1 days notice is unreasonable.


cheers

 

[GlassHalfFull]

Sounds like the lawyer is trying to bully you, knowing you're self represented and therefore not as confident or savvy as a fellow lawyer. I can tell you from personal experience that even lawyers don't adhere to guidelines/rules about getting things done on time. On a few occasions, my ex and her lawyer have submitted affidavits very late. They were supposed to be submitted 1 week prior to a hearing, but were submitted 1 day before, with no explanation or apology.

 

[maintaining_compassion]

Oh they are definitely trying to bully me, but I'm standing up to it. The initial letter gave me one hour to respond, but there were factual errors. The second letter came about 30 mins later, corrected the errors and then gave me one business day to respond.

 

[GlassHalfFull]

Also, don't quote me but my understanding is that granting of costs is very rare in the family court / federal circuit court, and only generally granted when one side has been vexatious with no legal basis for the action taken, or to cover the costs incurred to apply for a contravention of orders. If it's just a regular disagreement about a parenting matter, no chance IMO. They will only be wasting their own money applying for it. Once again, sounds like they're trying to scare you, knowing that if you're self represented, you're probably doing it because money is a significant factor.

This is worth a read...
Costs Orders in Family Law Proceedings - Go To Court Lawyers

 

[SophieW]

I agree with other posters - one business day is absolutely ridiculous! Don't let them push you around. My partner's ex's team of lawyers has been pushing us around, and when we've called legal advice lines, we've found that things they have tried to do are if not illegal, then really bad form (e.g. asking us for documents between us and the court that were not required to be served on the ex, and which the legal advice line told us that a lawyer would NEVER request from another lawyer - but they think they can get away with asking self-reps!)

 

[CSFLW]

Hi MC

Is this a parenting or property dispute (or both)?

Is the matter before the Court (if so which Court)?

Have the other other lawyers asked you to deal with the issues in dispute previously?

 

[MP78]

Definitely unreasonable.

Same experience with my ex's solicitor - statements claiming I had 1 business day to respond or XYZ would happen. I just wrote back each time acknowledging receipt of correspondence while stating my reasonable time frame of response (usually a week). I wasnt about to be bullied or intimidated into a constant reactive position (had already had 7 years of that with my ex!).

Self representing was - funnily enough - one of the more liberating and empowering aspects of the process.

Know your rights, seek advice, look after yourself and be firm but fair.