NSW final hearing Order, what is it requesting?

[In_The_Name_Of_The_Father]

Hi
I am self represented due to funds & that we are only really ironing out the details. I think we should be sorting this outside of the court but as the respondent I have no choice ... Many thanks in advance for any assistance that can be provided.

In any case the order is asking for a number of items that I'm not entirely clear on as follows;

"2. Each party file and serve a consolidated Trial affidavit (limited to one on behalf of a party together with one per witness (to a maximum of 4 affidavits for a party) on which they intend to rely by no later than 4.00p.m 35 days prior to the hearing date. No further affidavits can be relied on after that date, without leave of the Court. All affidavits are to be paginated.
3. In the event of any setting down fee and hearing fee (“the fees”) not having been reduced or waived, the party responsible (the applicant) for the payment of the fees or any of them pay or cause to be paid such of the fees as shall be payable by that party in accordance with, and within the time specified in, the Federal Circuit Court Regulations 2000.
4. No later than 3 working days prior to the hearing, each party forward to my Associate, a case outline document setting out:
a. The affidavits on which each party will rely at hearing;
b. A list of any objections to the contents of any affidavits filed in the other party’s case;
c. Chronology;
d. A list of issues;
e. A minute of the proposed orders sought at hearing; and
f. A list of any relevant authorities, including any citations.
5. Each party is to forward to the author of any family report issued his/her trial affidavit by no later than 4.00pm 14 days prior to the hearing date.
...
10. The parties have indicated that neither party seeks to cross-examine the family report writer."

My questions are;
2. is complete
3. I'm unsure what this is saying, I assume there are some court costs
4. can this be one document outlining the following sub paragraphs (a. thru f.), or do I need to use a specific template?
e. I assume this can be the orders sought already (for me this is an "Amended Response")?
5. is this required if neither party are seeking to cross-examine the family report writer (as per 10)?

Thanks David
Many thanks in advance for any assistance that can be provided.

 

[Rod]

3. Court costs may be payable.

4. One document, no specific template - just needs to easy to understand.

5. If the court orders it - it is required. Do not try to overthink things, not everything makes logical sense to a layperson at first instance. Suggest you follow all orders. I suspect the court is giving the family report writer an opportunity to comment on the material in case it becomes relevant to the family report. It also allows the court to have someone else review the material looking for inconsistencies in stories.

 

[Jake Matherson]

Is the chronology only for the court related events such as hearing dates, family report dates, when important requests were made by the ICL to do things via email.
That is to say is it only outlining how the case has run from it's start date?

or is it a history of important dates during the entire relationship
such as a brief outline of years worth of stuff like when we commenced the relationship, when we split up, when police attended a house etc.?

How detailed is it supposed to be?

Perhaps an easier to answer question to ask might be what is it actually used for in court and I might be able to work backwards from that?

 

[In_The_Name_Of_The_Father]

3. Court costs may be payable.

4. One document, no specific template - just needs to easy to understand.

5. If the court orders it - it is required. Do not try to overthink things, not everything makes logical sense to a layperson at first instance. Suggest you follow all orders. I suspect the court is giving the family report writer an opportunity to comment on the material in case it becomes relevant to the family report. It also allows the court to have someone else review the material looking for inconsistencies in stories.

Thanks, that clears it up. When I ask the court helpline, they referred me to court rules which were even harder to understand than the order!

 

[In_The_Name_Of_The_Father]

Is the chronology only for the court related events such as hearing dates, family report dates, when important requests were made by the ICL to do things via email.
That is to say is it only outlining how the case has run from it's start date?

or is it a history of important dates during the entire relationship
such as a brief outline of years worth of stuff like when we commenced the relationship, when we split up, when police attended a house etc.?

How detailed is it supposed to be?

Perhaps an easier to answer question to ask might be what is it actually used for in court and I might be able to work backwards from that?

Thanks Jake

I suppose that was my question ;-)
When pressed I actually got a layman's explanation of what it all meant including chronology, for completeness & to help others, here it is verbatim;

"
Case summary - provides the court with a concise summary of a case noting agreed and disputed facts. It is not a replacement for affidavit evidence and should not introduce new evidence. If a joint document is filed usually the applicant prepares the document at least 14 days prior to the ordered day for filing with the court and within 7 days of receipt the respondent provides input to the applicant who may make amendments if agreed. Once agreed, both parties sign and send the document to the court. Any points not agreed should be stated in the document otherwise they will be taken as agreed. This document can include:

> A chronology of relevant facts as concisely as possible including names/dates of birth/important events about the relationship breakdown/procedural and case history.

> A list of documents that are relied upon at the trial.

List the documents only that you rely on (this is not "every" document that has been filed by you/on your behalf, only those relevant to the issue/s which are listed for hearing). For example:

. Initiating Application/Response to Initiating Application of [insert name] sworn on [insert date] and filed on [insert date]

. Financial Statement of [insert name] sworn on [insert date] and filed on [insert date]

. Affidavit of [insert name] sworn on [insert date] and filed on [insert date]

. Balance sheet (if applicable) - grouping assets, liabilities and financial resources together/separate columns showing differences asserted by each party/clearly identifying who owns or has an interest in an asset or is responsible for a liability/identifying the source of information in a figure asserted/subtotals for each category/overall total of net assets of the parties/effect of any orders sought based upon your figures in a whole dollar figure and as a percentage of the total net assets.

> Outline of argument including a reference to legal principles and how these apply to the facts of the case.

> Reference to the source of information should be clearly identified.

> An outline of the argument (see further information below).

Outline or Summary of Argument - provides information that brings a case together and provides a broad picture of the case. It is not highly detailed and is not meant to be final submissions. An outline of argument can include:

> Any legal principles based on the orders being sought.
> Applying these legal principles to the evidence provided.
> Highlighting the preferred evidence that demonstrates why orders should be made.
> Anticipate and counter any arguments from the other party.
"

 

[Jake Matherson]

Thanks for the input. This should help me also.

 

[Migz]

This is a good thread...