VIC Family Law Court - Application to Have Response Struck Out?

[AllForHer]

No, they won't be dismissed. At best, they won't be granted. To have them dismissed, the father would have had to be the Applicant, not the respondent.

The affidavit could be struck out if it's not admissable, but the response as a whole? Nope.

 

[Malissla]

It doesn't matter. The Court won't throw it out because you don't think he's followed the Court's rules. At best, the judge might adjourn and tell him to get legal advice about complying with Court rules, but it won't let the matter proceed undefended just on those grounds.

As I said, you're the Applicant, so you can't seek that his response be dismissed.

1. It was his lawyer who produced and filed on the Respondents behalf.

2. I do not think he has followed the court rules, I know.

3. the Judge has no choice but to make an Order that the Respondent amend his response because otherwise we will have two "Amended Responses" Oppss..

4. When the Respondent does amend his response he will have to provide a different reason for the cause of his action that will clearly be in conflict of previous response.

But, thank you for the advice.

 

[Malissla]

Not the response per se, but the requested orders may be summarily dismissed if sought for vexatious reasons. High hurdle to jump over.

Well, I have completed the application in case and sworn the Affidavit and will efile this evening, we'll see where it goes, nothing ventured nothing gained as they say!

Thank you for all your advice Rod.

 

[AllForHer]

Two amended responses?

Every response filed after the first is called an amended response. Not a re-amended response, not a re-re-amended response, not an amended amended response.

Just a plain. Old. Amended. Response.

All prior responses, first or amended, are superseded by the most recent one.

This, for the record, is why people hire lawyers - because lay people like yourself have no idea of Court process.

 

[AllForHer]

And also, the fact remains - you cannot ask the Court dismiss a response. Amended, amended amended, re-amended, re-re-re-amended or otherwise.

You are the applicant. Not the respondent.

I really don’t know how to be any clearer on that, but good luck. Please, let us know how you go.

 

[thatbloke]

You have zero chance of getting a response thrown out. You will be surprised at what counts as affidavits/responses in the FMC and FC