QLD Federal Circuit Court - Initiating Application Not Signed but Stamped?

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

Migz

Well-Known Member
20 November 2016
325
43
719
Hi All,

Just a quick question.

I have also been served an "Amended" Initiating Application (Family Law) but when I get to Part K - Statement of Truth of the contents of this document, it hasn't been signed and dated, but has the stamp on it from the Federal Circuit Court Of Australia.

Should this cause concern, what happens now?
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
5,036
830
2,894
Sydney
Treat the document, react to it, and respond to it
as though it is correct and complete.
 

Migz

Well-Known Member
20 November 2016
325
43
719
Thanks Tim, I took your opinion and continued on with my response, but this afternoon I thought I would just bring it to her attention, well low and behold, another amended application has been emailed by herself to the courts.

Now I have a question for the legal guys, she says that she will be serving the amended "initiating application (family law)" herself by hand not using a middle man. Is this actually legal? I always thought the ex couldn't do that herself?
 

sammy01

Well-Known Member
27 September 2015
5,154
721
2,894
She can't - but well you know - the law is an ass... It isn't worth sweating the small stuff - just get to court and go from there. Really it ain't worth annoying the judge with minor technicalities.
 

Migz

Well-Known Member
20 November 2016
325
43
719
Thanks Sammy01,

And thanks for the heads up on the Book "Breaking Up" I downloaded the ebook last night and got stuck into it. Still got a way to go, but great help.