VIC Notice to Admit Facts was disputed, what next?

[Muxaul]

Just sent op an Notice to Admit Facts (directly to op's lawyer, not filed in Federal Circuit Court) and op's lawyer wrote back to me disputing all facts listed in the Notice. I have evidence to prove those facts.

What is the next procedure to prove those facts in court? Putting op's response and my evidence as annexture/exhibits in affidavit? seeking leave to file the notice in court so that court is aware of the notice and dispute? or something else?

This is just a procedural question as I don't know the process to prove the disputed facts in court and FCC rule 15.31 does not seem to offer much information.
Your input is much appreciated.

 

[Rob Legat - SBPL]

The purposes of a notice to admit facts is to:
- Primarily: distill the areas of factual dispute; and
- Secondly: create a costs consequence if a party does not admit a fact that is subsequently proven.

If the other party agrees with a particular fact, that is a cue for the parties to produce a statement of agreed facts for the court. This assists the judge and helps clarify the terms of argument (making everything smoother).

If the other party disputes the facts, then you carry on as if nothing happened. You'll still need to prove your case and the relevant facts in the litigation process. The difference is that if you subsequently prove a fact that the other party denied, then when it comes to calculation of costs in the matter your costs in having to prove the denied fact may be awarded against the other party - i.e. for making you have to go to the effort of proving a fact which they should have admitted.

 

[Muxaul]

The purposes of a notice to admit facts is to:
- Primarily: distill the areas of factual dispute; and
- Secondly: create a costs consequence if a party does not admit a fact that is subsequently proven.

If the other party agrees with a particular fact, that is a cue for the parties to produce a statement of agreed facts for the court. This assists the judge and helps clarify the terms of argument (making everything smoother).

If the other party disputes the facts, then you carry on as if nothing happened. You'll still need to prove your case and the relevant facts in the litigation process. The difference is that if you subsequently prove a fact that the other party denied, then when it comes to calculation of costs in the matter your costs in having to prove the denied fact may be awarded against the other party - i.e. for making you have to go to the effort of proving a fact which they should have admitted.

Thank you very much Rob. My facts sought for admission was something like asking op to admit that she had no involvement on conservation, maintenance and improvement of property post separation, as well as my provable effort helping her as a new migrant with poor English skills improving English, and spent days and nights reviewing and modifying her versions after versions of resume/recommendation letter/cover letter over the course of nearly 3 years (only 3.5 years relationship in total) as part of reason that contribute to her full time professional employment.

op's lawyer wrote back saying they are all irrelevant to the property matter and for the sack of clarity, dispute all. Are they not considered non financial contribution under family law act?

 

[Rob Legat - SBPL]

On that you'll need input from a family lawyer - which I am not.

 

[CSFLW]

Muxaul, happy to help.

Please call us on 1300 529 275 for some initial advice (no charge).