VIC Filing of a 2nd affidavit pre interim hearing

[Dpj]

Hi,

I have consent orders (2021) but am back in court. I have filed an affidavit in an initiating application. I have filed orders sought on a interim basis with final orders to be decided upon expert reports, etc.

There are a few matters that have come up since my filing of the affidavit which I think are important. Particlaur important for the Child Impact Report - I really want this to be seen by them prior to their report. They are important in relation to orders sought (a new clause or two I will add) and also important for the Child Impact Report and ICL to look at. I really want these new issues to be considered. My question is;

1) How can I get this new information to be considered (read) by the ICL and Family Report Writer?
2) I understand I need to seek leave to file new affidavit material for consideration in interim hearing. Can I file these issues in an affidavit for consideration for final trail? Upload them now into comcourts and they will thus be viewed?
3) Could I do an "application in a proceeding" even though an interim hearing has not commence or date been set? That way I can get the material on file for the Impact Report and ICL.

Any assistance would be appreciated.

Thanks
David

 

[CSFLW]

Without seeing the orders made by the Court (and please do not disclose the orders) it is difficult to answer your question.

Nevertheless, if the "matters that have come up since my filing of the affidavit" are critical to the wellbeing and development of the children, this should be conveyed to the ICL and the mother's solicitors via a letter.

 

[Dpj]

Without seeing the orders made by the Court (and please do not disclose the orders) it is difficult to answer your question.

Nevertheless, if the "matters that have come up since my filing of the affidavit" are critical to the wellbeing and development of the children, this should be conveyed to the ICL and the mother's solicitors via a letter.

I suppose some of it has come up since the affidavit, and some hasnt. Part of it is i realise the importance of this information to the well-being of the children. I really should have put it in the interim affidavit but was running out of space and wanted to concentrate on immediate issues I wanted to solve. But for the purpose of child impact statements, etc, I think it is important to have the 'new' information put forward. It is in regards to a live in carer for the children that I believe facts/evidence suggests is going to be an issue.

I just want to get this new information read by the ICL and Court Experts. May be I just file another affidavit covering just the new issues (even though some of it was known prior to my original filing) and see what happens. I could also file a new application in a proceeding and put the affidavit of these new issues there and put in orders for only those issues. There is some lieniency with affidavit filing by self-represented litigants. If I ask and am told no i cant get the info read. If I just attache the new affidavit, it may be read by the ICL and Court Expert. Even if it is struck out. It will be read, remembered and considered. Thats my aim