Donate Child Support Calculator
Skip navigation

Untimely Lodging of Docs at FMC

Hi All,

Has anybody come across incidents of a FM directing for proceedings to proceed undefended due to late filing and serving of affidavits? The  lawyers appeared to stretch the deadlined in the prior and interim hearings. This time , Final Hearing is looming. Guess who is not admitting to panic - not yet… I have been reading mainly Family Court Cases and Appeals and (in my limited reading) did not come across this issue.

Tried to join for days, may have (or not) passed the test, third attempt. Made a token donation, I thought the time to make a genuine donation was after I joined this group. Being on a public forum 'cramps my style'  a little, with regard to a fuller disclosure. Still, I understand that a response may not be timely for me, at this late stage.
Interim hearings are often continued undefended. This is why you will not have seen them in judgements.

It is a balance between natural justice and not disadvantaging the person who has shown up.

Typically FMs and judges like to deal with solicitors and barristers. So they will grant a postponement if there is valid reason.

Be patient, post a few more times, do lots of reading and you should get a response soon. It may be too late for your court case. It's hard when you only start to find this site at an advanced stage of your case.

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. 
flwgfun said
Hi All.

Tried to join for days, may have (or not) passed the test,  third attempt. Made a token donation, I thought the time to make a genuine donation was after I joined this group. Being on a public forum 'cramps my style'  a little, with regard to a fuller disclosure. Still, I understand that a response may not be timely for me, at this late stage.
Passing the test is not a prerequisite for joining SRL-R. However there is a clear procedure established on the 'join' page regarding number of posts and a different email to request help from.

You are correct the reason for private forums is to hide the information away from the search engines and to ensure privacy of your material.

By the way donations are made to FLWG and not SRL-R.


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 Artemis and Agog.

I tried to specifically refer to a Final Hearing (Property) being proceeded with as undefended due to a late lodging of some Documents.  The query is regarding  SRL being  permitted  to  continue  defending.

As to the procedure for Joining, I gather that I  have not demonstrated (here)  sufficient  ability and  intent  to help myself. Nor did  I  write  enough  useful  postings  to  assist others.

I am not a victim.  However, I  observe  that  there is  a  power  imbalance  between  some Lawyers which can delay relevant action and responses, and a litigant faced with deadlines.
I presume you are the SRL, and the other side is represented. I assume they are the ones with the late material. If my assumptions are correct then my advice is:

1. Read the case Re F Litigants in person Guidelines. (link here) Re F: Litigants in Person Guidelines [2001] FamCA 348 (4 June 2001)

2. Consider what you want to achieve. If you are ready to go and although the other party filed late you have the documents in enough time to read and prepare, there is little to be gained in asking for an adjournment.

3. If you receive the documents too late to prepare, ask for an adjournment and ask for costs to be awarded on the adjournment. (I know you are an SRL, but you may have some out of pockets).

4. If no adjournment is granted, but your objection to the late material is valid, it is unlikely that the matter will proceed undefended. "Undefended"  is when there is no one on the other side. It is more likely that the matter will proceed with out the other parties'  material being admitted into evidence. However, because this may lead to an appeal by the other side, it is more often the case that the matter is adjourned with costs.

5. If you receive the documents in time and are ready to go, make sure you put the other side on notice about which of their witnesses are required for cross examination. If the matters contained in an Affidavit are not in dispute then those Affidavits are simply admitted. Only witnesses you need to challenge on fact or opinion should be required for cross examination, and the cross examination should be limited to only the matters in dispute. If you contest every paragraph of an Affidavit whether it is relevant or not, you are sure to annoy or upset the bench. It is a common mistake of SRL's and inexperienced counsel and not a good idea.
1 guest and 0 members have just viewed this.

Recent Tweets