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Difference between revisions of "How Do I Make an Interim Application in a Family Law Matter in the Supreme Court?"
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How Do I Make an Interim Application in a Family Law Matter in the Supreme Court? (view source)
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==When to make an application== | ==When to make an application== | ||
In a genuine emergency, you can make an application any time after a Notice of Family Claim have been filed, with no notice or very little notice given to the other side. In most other cases, you will have to wait until a Judicial Case Conference has been heard, although Rule 7-1 has a list of exceptions to this general rule. Once there a JCC has been held, however, applications can be brought at any time. | In a genuine emergency, you can make an application any time after a Notice of Family Claim have been filed, with no notice or very little notice given to the other side. In most other cases, you <span class="noglossary">will</span> have to wait until a Judicial Case Conference has been heard, although Rule 7-1 has a list of exceptions to this general rule. Once there a JCC has been held, however, applications can be brought at any time. | ||
==How to start the application process== | ==How to start the application process== | ||
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*the affidavits you'll be relying on when you argue the application. | *the affidavits you'll be relying on when you argue the application. | ||
The affidavit explains who you are, the orders you want the court to make and why you want the court to make those orders. Your affidavit contains the evidence you will be relying on in support of your application. | The affidavit explains who you are, the orders you want the court to make and why you want the court to make those orders. Your affidavit contains the evidence you <span class="noglossary">will</span> be relying on in support of your application. | ||
When you're ready to go, you must file your Notice of Application and affidavit in court and serve a copy of the filed documents on the other side, the ''application respondent'', by ordinary service. Ordinary service is accomplished by mailing the documents to the other side's address for service, by faxing them to a fax number for service or by emailing them to an email address for service. | When you're ready to go, you must file your Notice of Application and affidavit in court and serve a copy of the filed documents on the other side, the ''application respondent'', by ordinary service. Ordinary service is accomplished by mailing the documents to the other side's address for service, by faxing them to a fax number for service or by emailing them to an email address for service. | ||
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==The application respondent's reply== | ==The application respondent's reply== | ||
In most cases, the application respondent will have five business days to reply to your application by filing an Application Response in Form F32 and any affidavits that the application respondent intends to use. An Application Response tells the court and the applicant: | In most cases, the application respondent <span class="noglossary">will</span> have five business days to reply to your application by filing an Application Response in Form F32 and any affidavits that the application respondent intends to use. An Application Response tells the court and the applicant: | ||
*the orders that the application respondent agrees to, | *the orders that the application respondent agrees to, | ||
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*the basic facts against the application, | *the basic facts against the application, | ||
*a summary of the application respondent's argument against the application, and | *a summary of the application respondent's argument against the application, and | ||
*the affidavits the application respondent will be relying on when the application is argued. | *the affidavits the application respondent <span class="noglossary">will</span> be relying on when the application is argued. | ||
Although Rule 10-6, the rule that explains how interim applications are brought, says that someone who doesn't file an Application Response isn't entitled to notice of when the application will be heard, do not expect that the court will simply let your application go ahead in default of an Application Response. The court will want to give the other side every chance to defend your application. | Although Rule 10-6, the rule that explains how interim applications are brought, says that someone who doesn't file an Application Response isn't entitled to notice of when the application <span class="noglossary">will</span> be heard, do not expect that the court <span class="noglossary">will</span> simply let your application go ahead in default of an Application Response. The court <span class="noglossary">will</span> want to give the other side every chance to defend your application. | ||
==Your reply to the application respondent's reply== | ==Your reply to the application respondent's reply== | ||
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==Application records== | ==Application records== | ||
You must prepare an Application Record for the hearing of your application. An Application Record is a three-ring binder which contains all of the application materials, with an index and separated by tabs. The Application Record is for the benefit of the judge or master hearing your application, so prepare it as neatly and carefully as you can; the judge will appreciate the effort. | You must prepare an Application Record for the hearing of your application. An Application Record is a three-ring binder which contains all of the application materials, with an index and separated by tabs. The Application Record is for the benefit of the judge or master hearing your application, so prepare it as neatly and carefully as you can; the judge <span class="noglossary">will</span> appreciate the effort. | ||
Application Records will usually contain the following documents in the following order: | Application Records <span class="noglossary">will</span> usually contain the following documents in the following order: | ||
#an index, | #an index, | ||
