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hi i'm needing help with financial settlement and how to successfully write my final hearing affidavit for a children's matter. I was told I need to file an amended response asap and also file subpoenas. How do i get all my files from court? my previous solicitor has all of them and I've written to them requesting documents but have had no response. I am registered with Commcourts portal.
thanks all in advance. I am unable to give any specific information regarding my case.
If you are registered with Commcourt Portal your files "SHOULD" all be there. BUT there are many legal professionals who are completely IT illiterate and do not either scan their files nor do they file electronically. My view is that the Portal is a valuable resource and all documents should be filed electronically where possible.

Your solicitor will hand your files over IF your account is paid.

You will have probably made a response in an application and now you are asked to add a further AMENDED response for a number of reasons.

Property cases require FULL and Frank disclosure by BOTH parties on the appropriate financial application forms. They are different from Contact interim and final orders hearings and forms. There is a form on the Family Court web site. You need an affidavit with it as well.

If you take the time to trawl through this site using the search engine there are a squillion posts about how to fill in an affidavit. It is an art and we do a lot of them. Usually the first draft we see is way way too long has opinion and is not in any sensible order. If you want a piece of advice spend a LOT of time on your affidavit, getting it correct, succinct and in some sort of logical order.



 

Executive Secretary - Shared Parenting Council of Australia
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