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How to amend an Application - Contravention?

I've been advised by a Barrister that the original Application - Contravention I filed is too thin on details.  I know what I need to write thanks to their advice, but I don't know how to actually do amend the Application.  I looked on the Family Law Court's Forms download page and didn't see an applicable form for making an amendment.  I was wondering if I just write a new Application - Contravention and submit it with a cover letter to the Registry's Office.

I'm also filing another Application - Contravention on the advice of the same Barrister, as the first one I submitted was immediately after the first incident of my wife breaching the Federal Magistrate's Order and she has failed to comply on numerous additional contact days since then.  The Contravention hearing is scheduled for mid November but I was advised to get the amended Application and the new Application filed immediately.

Advice on the mechanics of the amendment would be greatly appreciated.  

Be a reasonable person in an unreasonable situation.
Hi there

There are no "amended" forms.

My experience of amended applications, responses and the like are this. This does not cover amended contravention appliations but i assume its the same. If im wrong, im sure i you be told.

To file an amended application you use the same form as you used to do the first one, blank of course. At the top of the form in thick black marker you write "amended"

If you have attached orders you want in relation to anything in your original application, and if these orders are to change, you must attach a copy of the original ones you asked for and UNDERLINE every order you wish to change, thats underline every line in the order to be changed.

You then underline the new orders you are seeking with the corresponding number on the new form

If no orders are to change, then you do not have to do this.

Be aware that, if you do a second affidavit there is a chance that BOTH your affidavits will be relied on on the day. its not simply a case of one overwriting the other

thanks

They must find it difficult, those who have taken authority as the truth, rather than truth as the authority

gooner,

 You are not just a pretty face, spot on!

Double check this, the underlining needs to be done in red, I'm sure thats what Monte told me:lol:

Does the red underlining need to be done on the amended Application everywhere there is a change?

Does "Amended" need to appear on the top of each page?

Be a reasonable person in an unreasonable situation.
Hi

Amended only has to appear on the first page but if it says "application" on each page, you can do it if you want

If you are changing the details of the actual contravention details i think it would be wise to underline. If you are only changing the supporting affidavit, there is no need.

thanks

They must find it difficult, those who have taken authority as the truth, rather than truth as the authority

Yes, it needs to be done in red and you need to do this on all copies you file (typically 3 - one for court and one for each party).

Registries can be pedantic on this. It is best to ring the registry and just check to be on the safe side.

We also found it a boon to know where the nearest colour copy shop was and several nearby JPs. Never rely on one being in the court house when you need them.

We had a knack for them being sick or incredibly busy, or with the wrong stamp….

Junior Executive of SRL-Resources

Executive Member of SRL-Resources, the Family Law People on this site (Look for the Avatars). Be mindful what you post in public areas. 
Well, I took my three copies of freshly red ink underlined 'Application - Contravention Amended' documents to the Registry today and they checked with a "supervisor" and advised me they could not take an amended application.  

I was insistent, as the Barrister I spoke to had no doubt that my original would simply be tossed out, so the clerk admitted there was no Registrar there for her to check with.  I'll go back in tomorrow and see what the real deal is.

Be a reasonable person in an unreasonable situation.
You have learnt a good lesson, do your research, stand your ground, nicely and "reasonably" and persist.

You are dealing with a system and systems are not perfect.

Junior Executive of SRL-Resources

Executive Member of SRL-Resources, the Family Law People on this site (Look for the Avatars). Be mindful what you post in public areas. 
This is interesting.

I did the same thing only a couple of weeks ago but even less prepared than you. After several phone calls to the advice line I took in my ammended orders with the original orders written out and the new ammended ones underlined in red. This was fine.

However I had done it on a response to an application form application (I am the applicant by the way). As the applicant I should have done it on the initiating application form.

But the nice lady simply crossed out "response to" and wrote ammended on all three copies and accepted it.

Moral.
It REALLY does matter who you get.  I have dealt with some great people and some @#%'s. If you are in need of getting it done on the day something you can try is to get a new number and wait until the bad one goes on a break. I once dealt with 5 different staff memebrs on the one day and they were all different in the way they interpret the rules.

"When there is no enemy within, the enemies outside can not hurt you"
Well… I met the Duty Registrar today and he tried hard to talk me out of filing the amended Application.  Twice he talked around why I didn't need to file it.  Finally, I asked him if he was refusing to accept it.  This seemed to be the magic phrase, as he immediately said, "oh no, we can accept it", and that was that.  Stamped, filed, ready to go.

Good thing too, as I learned from the JP that I didn't serve the original one properly.  I mailed it with the service form and that isn't good enough for an Application - Contravention, so I'm getting a Bailiff to serve my wife this time.  

There is some confusion as to whether her Solicitor can be served on her behalf, what does he have to write for it to be acceptable?  He's used phrases like, your wife "has consulted with us" so I don't think he's properly identified himself as representing her.  He's been sneaky, so I expect him to be laying traps for me at every turn.

Be a reasonable person in an unreasonable situation.
Rules for special service are on the court websites. As a general rule of thumb, I would have a process server serve her direct.

This minimises that amount of time the solicitor can decently delay with excuses of "I am awaiting instruction".

Junior Executive of SRL-Resources

Executive Member of SRL-Resources, the Family Law People on this site (Look for the Avatars). Be mindful what you post in public areas. 
What kind of language can I use in a letter to the Solicitor to get him to commit to being her legal representative on these matters or to confirm that he is not?  Am I on the right track here?

Do I assume her home address is the address for service for everything until I get a served a Notice for Service Address?

Be a reasonable person in an unreasonable situation.
When dealing with sneaky solicitors (and I have) it's important to call their bluff.

What do the other SRL's think?

"I have concerns that you have not referred to my former partner as your client or receiving instruction from her. As such, it is unclear that you act on her behalf. Please confirm that you are my former partner's legal representative, in writing, within 7 business days. Silence on the matter will be taken as confirmation."

Send it registered post, so there can be no claim on non-receipt.

Have a search in the SRLs forum about the "slip rule" and you will see one of our "hilarious" experiences with a very slimy character.

Another slippery tactic was the solicitor changed the method of communication frequently. At times, they would want a fax, email or letter. Sometimes the time factor demanded an email. Then complaints were made that this was abuse of their system and unreliable. My partner would always email what he had faxed so there could be no claim of "we never got it". There were also a lot of instances where they would answer one question out of five and ask another 3, which generated a lot of correspondence to get an answer. Once in court, they tried to paint a picture of a belligerent ex to support the Mum's claim of abuse and control.

Junior Executive of SRL-Resources

Executive Member of SRL-Resources, the Family Law People on this site (Look for the Avatars). Be mindful what you post in public areas. 
Thanks for the tips, Artemis.  I'll search for "slip rule" and read up.

I'm quite concerned that it will be on of these procedural issues that will trip me up and keep me from being with my daughter.  It is really intimidating even though I'm pretty confident about my writing and organizational skills.  I guess that is one of the big things a SRL has to content with - that fear of what we don't know.

Be a reasonable person in an unreasonable situation.
It is true that there are rules and time frames that MUST be adhered to. However there is also judicial discretion in some circumstances.

This means if you can show that your actions are in good faith and you were scrupuously fair a judge CAN and I stress only can if they want to, exersize discretion to admit evidence, allow procedures etc.

This is ABSOLUTELY not to be relied on as a tactic but something that you can fall back on as a last resort if all else fails. Do everything you can do follow the rules but if you simply can't comply or have made a mistake and particularly if the other party can be shown to have had some influence on this it doesn't necessarily mean it is all over.

Never give up just because some $olicitor says you have missed something. Believe it or not they may not be telling the truth. I had a $olicitor tell be the registrar didn't have the power to make the orders I was asking for but I pushed on and as it turns out he made the orders that day. Ask the judge. It may be worth it, especially if it means avoiding an adjornment with more time without your daughter.

"When there is no enemy within, the enemies outside can not hurt you"
The thing to remember is that the ex's solicitor acts for HER interests, not yours, not the child.

Sometimes things will be said to you out of genuine ignorance (I kid you not, there are some hacks out there) and other times to confuse and put you on the back foot. Take a grain of salt, anything that is said to you.

An important thing for an SRL to know is the concept of "handing up". This is where evidence you have with you, that becomes relevant may become relied on in your case, at the discretion of the FM/Judge. DO NOT rely on this, but it is handy to know.

For example, during final hearing, the purchase of a pair of shoes came into the discussion. Not the sort of thing you would put in evidence necessarily….still, we had the docket with us and had it been contentious, we may have been able to hand it up.

Magistrates/judges have much discretion about what they allow, as Dominik says.

Junior Executive of SRL-Resources

Executive Member of SRL-Resources, the Family Law People on this site (Look for the Avatars). Be mindful what you post in public areas. 
Artemis said
When dealing with sneaky solicitors (and I have) it's important to call their bluff.

What do the other SRL's think?

"I have concerns that you have not referred to my former partner as your client or receiving instruction from her. As such, it is unclear that you act on her behalf. Please confirm that you are my former partner's legal representative, in writing, within 7 business days. Silence on the matter will be taken as confirmation."

Send it registered post, so there can be no claim on non-receipt.

Have a search in the SRLs forum about the "slip rule" and you will see one of our "hilarious" experiences with a very slimy character.

Another slippery tactic was the solicitor changed the method of communication frequently. At times, they would want a fax, email or letter. Sometimes the time factor demanded an email. Then complaints were made that this was abuse of their system and unreliable. My partner would always email what he had faxed so there could be no claim of "we never got it". There were also a lot of instances where they would answer one question out of five and ask another 3, which generated a lot of correspondence to get an answer. Once in court, they tried to paint a picture of a belligerent ex to support the Mum's claim of abuse and control.
  I to have had the experience of nor reply, selective reply and dictating how things should be sent.

I think the "are you her lawyer" letter is a good idea, so is the time frame for a reply with consequences. It will stop a lot of games, I would also be choosing a method of communication that is easiest for you. snail mail is painful, fax is messy, i use email for my communication with the other side. I keep every email, all the read reciepts and it seems they mostly communicate with me in this way.

cheerz

They must find it difficult, those who have taken authority as the truth, rather than truth as the authority

Some law firms are antiquated about this. Even though email is a legal document, some will refuse to use it. (Unless it suits them, of course).

Junior Executive of SRL-Resources

Executive Member of SRL-Resources, the Family Law People on this site (Look for the Avatars). Be mindful what you post in public areas. 
If I remember rightly you have the right of service on the other party even if they are represented, you also have the right of communication if they legally represented.

Because of this if you are in doubt if she is represented or not then have her served directly, her signature will be on the returned notice and all is done legally.

This may change if you have received a letter from the lawyer to request communication goes through them but even then parties can communicate outside this relationship.

As always be cautious with communication and the method you chose, I personally chose to have all documents of any consequence delivered by registered mail I also requested all contact to be in written form or it would not be addressed.

This way all communication is in hard format and not excused from being received.

After you have served her.
When enquiring if a particular law firm is representing a certain client it is as easy as that simply ask them in letter form directly and give them a expiration date to respond with a foot note stating if no response is received it will be assumed she is not a client. I know Artemis suggests confirmation of her being a client but if the premise is she is not a client then you are bound to deal directly with your X yet the other way around the slack bag lawyer may simply ignore all communication and deny knowing why you are sending all info " not my fault" 6 of one half the dozen of the other .

Keep things simple point format and unemotional.

If possible make sure you record all conversations and diarize them on the day.

Appear to do as much as humanly possible in regards to communication and attempted mediation and such.

Evidence is your new best friend and procedure comes close second, well thats my opinion. I'm sure you won't be far away from more SLR-R advice and opinion.
  
It is wise to first seek leave from the courts to amend the application.

When it comes to process serving, be it from the Sheriff's office or private firm, service is attempted once or twice at the most, if not successful the documents will be returned to you.

The proper procedure  for a lawyer is to file a 'notice to act' and serve you with a copy, from experience, unless you are equipped to deal with lawyers keep communication to the minimum.

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