QLD Affadavit DVO

[Nicbennen]

Hi I am a respondent in an application for a DVO in QLD. The aggrieved is due to serve their affidavit to the court and myself by 4pm tomorrow.

1. If they don't get it stamped by the court by the required time, does this mean it can't be used at our hearing?
2. If I don't receive a copy by the required time, as they are unable to find me due to not knowing my physical addresses and I have changed my email address, does it mean it can't be used at the hearing?

Thanks for any advice.

 

[Rod]

You do not get to hide and expect the court to help you.

Notify the court and other side of the change of address. Failing to do so can see a costs order against you, or the matter proceeding without you being aware of important events.

 

[sammy01]

In answer to the first question... Look if they have not submitted their affidavit, they can seek an adjournment and hence an extension of the interim avo.... But you can insist the thing gets dropt. Which way will it go? don't know. I don't have a crystal ball..
In answer to the second question. Don't even bother. This is not high school and hoping that the teacher forgets the detention isn't a good strategy. If you choose to behave like a twit, expect to be treated like a twit.

 

[Nicbennen]

Sammy01 Thanks for attacking me.l, would have thought this was a safe forum. They filed the dvo with the incorrect address and I have left my job which was the email that was also on the application. So not hiding just asking a question?

Rod can you assist with the first question? Thanks

 

[sammy01]

Read what you wrote. Look at the details you gave. Now look at the details you left out. I can only give advice on the information you provided.

So you've changed jobs? wrong address? But you know the AVO exists? So you are asking can you plead ignorance and hence they As in you didn't know. Or to quote your direct question "does that mean it can't be used at the hearing?" The answer is NO... Fair enough, a legitimate defence, if you didn't know. Except it isn't true and you do know. Which leads me to think my original answer was brutal BUT accurate.

 

[Nicbennen]

Read what you wrote. Look at the details you gave. Now look at the details you left out. I can only give advice on the information you provided.

So you've changed jobs? wrong address? But you know the AVO exists? So you are asking can you plead ignorance and hence they As in you didn't know. Or to quote your direct question "does that mean it can't be used at the hearing?" The answer is NO... Fair enough, a legitimate defence, if you didn't know. Except it isn't true and you do know. Which leads me to think my original answer was brutal BUT accurate.

Fair call, it may have read wrong. I want to know if he doesn’t serve either the court or me by the date required and doesn’t ask for an adjournment what would be the outcome? How long does he have after the date it’s supposed to be served without ramifications?

 

[Rod]

Not sure of stamping requirements in QLD. Vic Maggies court doesn't require stamping.

 

[sammy01]

look it still reads like you're trying to get off on this on a technicality. I'd argue that if it was emailed to your work email and it did not bounce back as an incorrect email address, then the applicant had good reason to believe it had been served.
Next, you do know about it.
You have the documents. So now it is a matter of whether or not the courts have them.... Now I'm a bit confused. The documents you have are not stamped? Yeah, I'm with Rod. Maybe the applicant didn't need to serve you stamped copies. But there is a court date... So the courts know.
Now as for deadlines - Yeah the courts are pretty crap on that one. Look my advice - be there on day one. Dress nice and think about hiring a solicitor. Probably the smartest thing at least would be to provided details here about the issue and get advice on that, rather than the technicality of serving documents.

 

[GlassHalfFull]

I thought that DVOs had to be served by a police officer ideally. I guess it varies from state to state but in Victoria where I am, they get a police officer to do it if you weren't in court at the time, and only in extreme cases would they pass the order on to a family member to then pass on to the respondent, and only then if they had good reason to believe it would be served by that family member.

It does sound unreasonable (and asking for trouble, legally speaking) for the court to ASSUME it was served without knowing the email recipient was indeed the respondent or that it was an active email address.

But yes, I agree with Sammy, it reads like you're trying to avoid the DVO on a technicality. At best, you will only delay things, not avoid the DVO entirely. And from my experience with these orders, the more it gets delayed, the worse it is for you.

BTW, in saying that, I'm not saying that I think the way it works is fair or reasonable. I think the way the DVO 'system' works absolutely stinks, with no real justice for the falsely accused and no accountability for the accuser, not to mention that the courts are so backed up that you have no opportunity to defend yourself for longer than the order would have remained in place had you chosen to consent without admission to it at the outset. But having said that, that may not apply in QLD where it's my understanding that a standard DVO is 5 years, not 12 months? In which case, the incentive to contest it may be greater than in Victoria.

 

[Nicbennen]

Thanks. Not trying to avoid. Already have the temporary DVO which was served by the police. The aggrieved was due to file their affidavit to the registry and myself and I haven’t received it. Hard to work on my affidavit when I dint have the full allegations. Wondering how long they have to serve it to give me fair and reasonable time to sort my affidavit and witnesses before I have to file? If they don’t file at all or provide me with a copy or show they tried to serve me via person/post or electronically what’s the outcome? I have made the registry aware of correct contact details. Thanks