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Submission testing Rice and Asplund Rule

How do I Write submission testing Rice and Ashland Rule

Hello,

I'm seeking some advice on how to write my submission testing the Rice and Asplund Rule. Below I've cut and paste what was written in the Interim Orders as reference to my question.

I am representing myself and filed an application to have orders changed due to my circumstances changing considerably and as a result I asked for more time with my son. If advice on how it can be written is not an option is there a template in which I could utilise to write the submission please.

What I am unsure about is how to write to my submission. For reference my circumstances have changed as follows-
  • I am renting on my own and have rental agreement
  • I am no longer in a relationship (this was a factor in previous orders)
  • I am healthy (can provide drug tests)
  • I do not associate with drug users
  • I am actively launching my own business (not sure if this would be included, but wondered if it could show that I'm responsible and have positive future???)

THE COURT ORDERS THAT:
1.The matter be adjourned to ####### for hearing at the Federal Circuit Court of Australia at #####.
2.The applicant is to file and serve anything further to be relied upon and an outline of submissions addressing the test in the rule of Rice & Ashland by ######.
3.The respondent is to file and serve anything further to be relied upon and an outline of submissions addressing the test in the rule of Rice & Ashland by #######.
4.That no further documents shall be filed in these proceedings, save for as set out above, without leave of the Court.
5.These proceeding ######## be consolidated with #######.
 
  1. The costs of the respondent be fixed at ###### and the question be reserved.

 

Last edit: by OneRingRules

mumma said
Hello,

  • I am renting on my own and have rental agreement
  • I am no longer in a relationship (this was a factor in previous orders)
  • I am healthy (can provide drug tests)
  • I do not associate with drug users
  • I am actively launching my own business (not sure if this would be included, but wondered if it could show that I'm responsible and have positive future???)
  •  

    NONE of these are even close to getting over the RIce Asplund line. How long since the last orders? Has anything else changed apart from what you mention?

    Nothing i say should be taken as legal advice. I am not a Lawyer. If i help you it is of your own free choice to listen to what i say or not. I do not create documents for you. I do not represent you…. Purple Monkey Dishwasher
    ADMIN*** Sorry to double post but i cannot seem to edit posts at the moment without commode errors everywhere, please merge this with my previous post

    You also mention your previous relationship was a "factor" in the last case.

    How exactly, was it a negative for yourself because if that negative has been removed and it was a severe negative then that could possible (if you are lucky) count as a change.

    Normally relationship changes are not enough to get past Rice Asplund on their own
     

    Nothing i say should be taken as legal advice. I am not a Lawyer. If i help you it is of your own free choice to listen to what i say or not. I do not create documents for you. I do not represent you…. Purple Monkey Dishwasher
    The threshold test established by Rice and Asplund must be satisfied for the Court to reopen a case for a variation in orders.  If you are going to be arguing your case based on Rice V Asplund I suggest you read it first!    

    Any opinions expressed herein are strictly for informational purposes and are never to be taken as legal advice.
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