QLD Affidavit Extension for Filing - Is It Possible?

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

QldFamLawCurious

Active Member
21 May 2018
6
0
36
Help - I have to file my DVO affidavit for the next hearing (which I believe is trial) within the next 3 days (file deadline for me; being the aggrieved), but I have not completed it and I actually think I need a professional /lawyer to go over it for me and make it all proper and fit for filing.

So - I need to know - Is it possible to get an extension timeframe for filing? The respondent has to file his one month from now and trial date is set for mid July. Please help! And if any lawyers or somebody whom is able to assist me with my affidavit can help me out, please leave contact details for me to contact you on.

Thank you!!!! #VeryStressedVictimOfExtremeDV
 

AllForHer

Well-Known Member
23 July 2014
3,664
684
2,894
Provided documents are filed within a reasonable time frame (ie a few days late, but not several weeks late), the Court will ordinarily let it slide, but the other party may have grounds to seek an adjournment if it hasn't been provided enough time to consider the evidence and formulate a response. If you delay proceedings unnecessarily with late filing, the Court can make a costs order against you.

The reality is that by this point, you will have had several months since the last mention to gather your evidence, so my suggestion to you is to get your documents in as soon as possible. It would be prudent to email the respondent's solicitor and advise of the delay, as well.
 

thatbloke

Well-Known Member
5 February 2018
335
42
714
Earth
Late filing is not unusual. If your hearing is next week, it will be a problem. If its a month away no one will bat an eyelid if you are a bit late
 
  • Like
Reactions: QldFamLawCurious

QldFamLawCurious

Active Member
21 May 2018
6
0
36
Thank you so much ^
to both of you. The hearing (trial) is not til mid July but my affadvit was documented to be filed by June 14 and I have only got notes on what I need to be detailing in my affadvit and annexures (a s**t load of them that I have been gathering over time ) printed and ready to use if applicable.