Donate Child Support Calculator
Skip navigation

What if I cannot file by date in interim orders

In the interim orders made earlier in the year it states both parties must file their affidavit and case outline for the final hearing by x date.

I have a lawyer who is assisting me to write the affidavit and case outline but cant start it until the day after i am supposed to file. They

seem to think it wont be an issue if I file late and that the orders should have allowed time for the application to file, me to review and then

respond.

Any thoughts ? I dont want to turn up to court and be told I cannot rely on my affidavit or case outline as it was filed late and is inadmissible.
I have never had a case where we have filed late for a final hearing. It is disrespectful to the court and can have the matter placed back in the list for a new hearing. Some Judicial officers take a very dim view of late filing and can make directions at that time. You need to check out the "Court Rules" for the detail and I don't have them at my finger tips. If either party wants to delay you must do so immediately BEFORE the allocated date and you MUST have a SUBSTANTIAL REASON. see rule 16.03 through 16.05. The worst case scenario is the matter will proceed on an undefended basis and orders will be made. There are Judges in the Family Court that will take that approach in some situations.

Make a call to the Court Registry and see what options you have.

Courts are very aware this is a tactic used by some professionals to thwart outcomes, disrupt the process and delay contact matters. They usually take a very dim view of this sort of behaviour and will not be very understanding. (That's my experience anyway)

You can't treat final hearings in a sloppy manner and this looks like you are disorganised and unprepared. If you can't get your documents in on time what other issues is the court going to have? Step up a gear and get properly organised or expect a disappointing result. Sorry if this is not what you want to hear.

Executive Secretary - Shared Parenting Council of Australia
 Was my post helpful? If so, please let others know about the FamilyLawWebGuide whenever you see the opportunity
 
I just noticed that the headline is INTERIM orders and the body of your post refers to FINAL orders. My comments relate to FINAL.

Executive Secretary - Shared Parenting Council of Australia
 Was my post helpful? If so, please let others know about the FamilyLawWebGuide whenever you see the opportunity
 
1 guest and 0 members have just viewed this.

Recent Tweets