QLD Family court proceedings , respondent

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

Jane2024

Member
7 August 2024
1
0
1
I was just wondering, as the respondent in the family law matter, I haven’t filed my response yet - pending getting legal aid/representation. Legal aid has said they will put forward to the applicant that we try mediation again (because legal aid doesn’t recognise outside mediation providers/certificates) but I have second court hearing tomorrow to see if I’ve filed my paperwork - so at this stage I am self represented. Will I get in trouble for not filing my paperwork on the grounds I am waiting for legal representation? And my legal representation said we have to attempt mediation first?
*Note* I didn’t attend the initial hearing because I wasn’t informed until after it had happened, I was in DV court at the time of Family court
I have a temporary protection order in place for myself and my child
 

lostinspace

Well-Known Member
25 November 2023
65
6
224
Just explain to the judge your situation, he will also speak with other side to see what they have to say, and will make orders.

You need to do what the court orders, because if you (or they) do not without good reason, you will be delaying the process. I always think it is not a good idea to irritate the court or judge via stubbornness or poor attitude, but I not emany people do not care or have respect for the court/s.

You also need to be there and have an idea what your response is, i.e they want 90% and on that basis you want legal advice as it seems not reasonable. Or if your truly lost, just say you need advice as you do not completely understand, and explain your plan.

At any time during the process, the parties can be negotiating to settle, this is the aim, court and a hearing is really when one or both are very unreasonable or it is a complex case.