WA Trial, setting down and hearing fees

[LouLou23]

Hi.

I have finally received a hearing date for the first quarter of next year. It is scheduled for 3 days before a Judge at a cost of $430 per day for each party. I received a statement for the account. The non-refundable setting down fee is due 30 days before the first day of trial. The next 2 days are due to be paid 2 days prior to the respective hearing dates. All ok so far.

There is a note on the bottom of the statement as follows "If the Court fees are not paid your hearing may be vacated".

My queries are:

1. What happens if the other party does not pay the setting down fee by the due date?

2. What does 'vacated' mean? Do we go back to callover?

3. If the hearing is vacated, when will be parties be advised? I don't want to pay the next 2 days fees if the hearing is not going to proceed.

I have concerns that the other party will not pay the setting down fees. The reasons for this is that they constantly claim financial hardship and seek costs from me (none that have ever been awarded). They do not pay child support and I do not want child support from them. I have the child 100% of the time, there is no visitation with the other party.

Any advice regarding my 3 queries is much appreciated.

Thanks.

 

[Rod]

Do your queries relate to the Family Court of Western Australia?

If yes, I'm not in WA and not familiar with that court. You should be able to call the court registry and have them answer these procedural questions as the questions go to the operation of the court and are not seeking legal advice.

 

[LouLou23]

Do your queries relate to the Family Court of Western Australia?

If yes, I'm not in WA and not familiar with that court. You should be able to call the court registry and have them answer these procedural questions as the questions go to the operation of the court and are not seeking legal advice.

Thanks Rod.
I actually did just call them and they advised that it is at the discretion of the magistrate as to whether the hearing will proceed or not. I guess I will just have to wait and see.
Cheers.

 

[Rod]

OK. Then you may get the option of saying you still want the matter resolved and heard despite the inaction of the other party who is acting unreasonably and trying to avoid their responsibility to settle the matter sooner rather than later.

It may be the case that money from a settlement can set aside to pay court fees rather than delay because the other party is crying poor and saying they need more time to get the money together.

 

[LouLou23]

That's a good idea Rod. At the callover the other party still hadn't submitted their trial paperwork and continues to ignore letters from the ICL (I should have mentioned that this is a parenting matter only) so perhaps requesting that it proceeds undefended is my next best option in order for this to be finalised. I will wait and see what transpires between now and the hearing date before filing an application for undefended.

 

[Rod]

Not necessarily undefended, but certainly not delayed. Expect late last minute filing and go from there. You can either (a) accept the late filing, (b) request the court ignore it, or (c) have the matter delayed. I'd go option (b) first, then either (a) or (c) depending on the contents. If there's nothing difficult to counter, then (a) is probably the better option. If there's a last minute surprise that has the potential to derail the orders you want, then a delay, with a costs order if you have legal costs, might be better.

May not get costs, they appear to be rarely applied, but nothing ventured nothing gained.

 

[LouLou23]

Oh ok, that may be a better way to go then. If they file late and the contents are an issue, I would prefer some time to submit objections and prepare rather than counter at trial as i am self represented - so you are right, it really depends on whether the other party submits documents as to how this will proceed.
Really appreciate your advice Rod. Thank you.

 

[CSFLW]

Hi Lou Lou

At the readiness hearing, did the Magistrate make orders for the trial, for example, when affidavits need to be filed.

 

[LouLou23]

Yes. Orders were made for trial affidavits, witness affidavits, minute of proposed orders, trial plan, callover certificate and papers for the judicial officer to be filed. I have complied, the other party has not submitted anything. At callover they were asked by the magistrate whether they had submitted all their documents as ordered and they responded they had, even though nothing has been. I am keen for this to proceed regardless.

 

[CSFLW]

If the other side has not complied, you should write them and put them on notice at least more than once.