NSW Response to initiating application - handing over docs to legal aid

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16 September 2017
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Hi everyone
I'm hoping someone can give us an urgent answer. It seems trivial but we take nothing for granted with the court process. My partner was officially served on Monday and the first court date was Tuesday (the next day). The reason I say officially is because the Applicant mother emailed the documents to him (my partner) and parts were missing, no acknowledgement of service etc. she did this twice before he went in and got served by the family court directly. He went in on Tuesday and requested an adjournment, which was granted.

Now with that back story in mind, we have read the order created on this date and among other things, it states "each party needs to provide the legal aid commission with any application, affidavits and reports relied upon within 7 days". It goes onto say I have 28 days to file my response. The ex has legal aid by the way, I have a private lawyer.

How can we be expected to obtain all police reports, affidavits, docs reports etc in 7 days? We are not meeting with our lawyer again until next week and he didn't mention this and we are very worried that if we don't do this, we won't be given the opportunity to proceed or it will come up against us at the hearing? Can anyone give more insight into this condition? How can we ask for more time if any? Any ideas on what will happen?

Of course the ex prepared all her items before filing her case. Some reports take 3 or more weeks to obtain and several affidavits need to be filed from a few people. We all work so it's impossible to oblige to this request made by the registrar? Any advice is appreciated..
 

Rod

Lawyer
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27 May 2014
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Do what you can asap. Keep copies of your requests for reports and the dates they were requested, then send in the info and request an adjournment.
 

AllForHer

Well-Known Member
23 July 2014
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Wait, was this just your first mention? If it is, I wouldn't worry about anything except filing an affidavit with your response, at this stage. You (or your partner, it wasn't clear) are very early in proceedings at the moment, you may not even know the full extent of documents you need as yet, so just file a response with an affidavit and relax. There will be plenty of opportunity in future to file additional documents.
 

Lennon

Well-Known Member
11 September 2014
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You would only need to supply documents to legal aid if you are applying for legal aid. Are you making a legal aid application? If not, that order does not apply to you anyway.
 
16 September 2017
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Wait, was this just your first mention? If it is, I wouldn't worry about anything except filing an affidavit with your response, at this stage. You (or your partner, it wasn't clear) are very early in proceedings at the moment, you may not even know the full extent of documents you need as yet, so just file a response with an affidavit and relax. There will be plenty of opportunity in future to file additional documents.

Hi, and sincere thanks for youreply. It was the first court date in the current proceedings. Last litigation was in 2012... thanks for the words of confidence.
 
16 September 2017
3
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You would only need to supply documents to legal aid if you are applying for legal aid. Are you making a legal aid application? If not, that order does not apply to you anyway.

Hi, the ex-partner has legal aid, I have just secured private legal representation today with a senior counsel family lawyer. Thanks again people xx