QLD How to prepare basic response to appeal as self-represented?

[Legally Fizzing]

Hi. We have to respond by this Friday in an appeal. The applicant (father) is mentally sick, and was awarded zero time, zero rights, zero responsibility. His appeal cites 55 errors and is just a rant, a misguided paranoid litany of abstract nonsense.

We refuse to waste another cent having sunk over $150k in this matter, but also do not wish to offend the court by not responding.

We have no idea what to do.

Could someone advise the minimum steps / process needed and advise a suitable response which simply states we have no additional facts to include, that our statements and comments in the original case still stand and that we believe the final rulings are sound and should not be amended

We need to provide 2 documents, a list of authorities and a response to the application or something like that. We have no idea what these are.

Hope someone can help with "this form, this address, these words" so to speak

Gratefully yours

S and S

 

[sammy01]

Go with a minimal response. If there is anything you agree with you write - In regards to paragraph XX I agree. And the stuff you don't agree with you write - In regards to pargraph XXX I do not agree.

Then leave it for the court to work out. By the sounds of things they have worked him out already. So go to court and watch him rant let the smart people in the funny wigs work it out.

 

[457Visafraud]

Hi. We have to respond by this Friday in an appeal. The applicant (father) is mentally sick, and was awarded zero time, zero rights, zero responsibility. His appeal cites 55 errors and is just a rant, a misguided paranoid litany of abstract nonsense.

We refuse to waste another cent having sunk over $150k in this matter, but also do not wish to offend the court by not responding.

We have no idea what to do.

Could someone advise the minimum steps / process needed and advise a suitable response which simply states we have no additional facts to include, that our statements and comments in the original case still stand and that we believe the final rulings are sound and should not be amended

We need to provide 2 documents, a list of authorities and a response to the application or something like that. We have no idea what these are.

Hope someone can help with "this form, this address, these words" so to speak

Gratefully yours

S and S

Have the rant in your little space with your closest people but never show any personal feeling in the Court room even so I understand the father is giving hard time, he might be following someone else suggestions.
The Magistrate will be able to see the non sense claims so just answer and let the Court do the job.
What are these two documents and what is the the title of the application?

 

[Legally Fizzing]

Have the rant in your little space with your closest people but never show any personal feeling in the Court room even so I understand the father is giving hard time, he might be following someone else suggestions.
The Magistrate will be able to see the non sense claims so just answer and let the Court do the job.
What are these two documents and what is the the title of the application?

Thanks.

We need to serve....
FAMILY LAW RULES 2004 - RULE 22.22
Summary of argument and list of authorities

 

[Legally Fizzing]

I would also appreciate a sample of the proforma layout of the "Summary of argument and List of authorities" that we are to submit to the Court of Appeal Registry at Brisbane Courts. 'His' copies are from the Court, laid out in their format. Do we just write a 'letter' in the calssic sense of the word or do need to comply with some schema such as this sample for a Notice of Appeal:

Form 64
NOTICE OF APPEAL​

rule 747(1)​

COURT OF APPEAL
FAMILY COURT OF AUSTRALIA​

CA NUMBER: [number inserted by Court of Appeal]
NUMBER: [ etc etc ]​

 

[Rod]

If you have already spent a large amount, I recommend spending a little more to get it right AND close off future applications from him as much as possible. You may even be able to seek a costs order against the ex.

One of the orders you can request in your counter is to have him declared vexatious so any future applications by him would be vetted by the court first and he would need to convince the court he has valid grounds for an application. Based on your post he would probably struggle to convince a court he has valid grounds.

And yes, the reply should be in the right format (eg numbered paras) and address each allegation, even if if it only says 'not true' or 'deny'. Failing to deny allegations may result in the court accepting the allegation as true. You should be doing what is in the best interest of the kids, not refusing to spend money because your ex is crazy.

 

[Legally Fizzing]

Sincere thanks all. Documents pretty much finished now !