What happens when one party fails to file their documents as ordered by the family law court? Surely it cannot hold up family law proceedings indefinitely?
WA Family Law Court - Consequence of Non-lodgement of Forms?
- Thread starter Freeatlast
- Start date
In most circumstances, it will lead to an adjournment provided the party has good reason for failing to file. However, two adjournments for the same issue is unlikely. If this is a children's matter, you can seek interim orders while the other party gets their case in order.
It has been adjourned several times already for various reasons. The last adjournment was solely for this form to be filed. The whole case is awaiting on this form to be filed and the party has had over a year to file it. There are other forms the party hasn't filed either. Interim orders are in place. Does that mean we'll never get final orders because the case cannot progress without this form filed? Or will the magistrate eventually hold the other party in contempt and move forward without it?
Ordinarily, the judge will reach a limit of patience. You may wish to gently and respectfully raise this with the judge. Additionally, you may be able to apply for the other party to cover your costs due to the conduct of the other party in your matter.
I would suggest contacting Legal Aid for some legal advice about this, too.
I would suggest contacting Legal Aid for some legal advice about this, too.
Hi Freeatlast,
If one party is delaying proceedings without good reason, and the court accepts that there is no good reason for the delay, then the court will likely punish the other person with costs. The court has absolute discretion to do this. The court will most likely have already ordered that costs for the adjournment hearings be awarded against the delaying party. Depending on what the document is and how significant it is to the court's final decision, the court may decide to move proceedings along without the document as another form of penalising the delaying party.
If one party is delaying proceedings without good reason, and the court accepts that there is no good reason for the delay, then the court will likely punish the other person with costs. The court has absolute discretion to do this. The court will most likely have already ordered that costs for the adjournment hearings be awarded against the delaying party. Depending on what the document is and how significant it is to the court's final decision, the court may decide to move proceedings along without the document as another form of penalising the delaying party.
In my experience of going against a non participant, it can go all the way to trial. It is only at this time will any consequences emerge. Best thing for you to do is make sure all your obligations are met, it will work in your favour.
This is a little like my situation as having a long drawn out separation that is still not legal after 2years as ex didn't respond to any documents and it cost me as it was expensive with lawyers costs lawyer then said to me he isn't there to help me financially .I am back into the same spot as at the beginning less dollars. It is only for financial and spousal maintenance and superannuation split. the children are all grown young adults. What would be my best option to get another lawyer or do it myself as i need to take care of my interests though without the high costs.
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