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Difference between revisions of "How Do I Reply to an Interim Application in a Family Law Matter in the Supreme Court?"
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How Do I Reply to an Interim Application in a Family Law Matter in the Supreme Court? (view source)
Revision as of 22:58, 25 August 2017
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*the applicant makes an application without notice to you when the application is urgent (called an ''ex parte'' or ''without notice application''), | *the applicant makes an application without notice to you when the application is urgent (called an ''ex parte'' or ''without notice application''), | ||
*the applicant is applying for permission to compress the usual timelines for the hearing of | *the applicant is applying for permission to compress the usual timelines for the hearing of their application (called a ''short leave application''), | ||
*the applicant is asking to be exempted from the requirement that a judicial case conference be held before the first interim application, or | *the applicant is asking to be exempted from the requirement that a judicial case conference be held before the first interim application, or | ||
*you are the respondent and you haven't filed your defence to the applicant's Notice of Family Claim. | *you are the respondent and you haven't filed your defence to the applicant's Notice of Family Claim. | ||
When the applicant is required to give you notice of | When the applicant is required to give you notice of their application, the applicant <span class="noglossary">will</span> send you a copy of their Notice of Application and any new affidavits the applicant <span class="noglossary">will</span> rely on at the hearing. These documents are to be sent to your address for service, which may include your fax number for service or your email address for service if you've given one, at least eight business days before the date of the hearing. | ||
The Notice of Application <span class="noglossary">will</span> tell you: | The Notice of Application <span class="noglossary">will</span> tell you: | ||
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*the affidavits the applicant <span class="noglossary">will</span> be using to argue the application. | *the affidavits the applicant <span class="noglossary">will</span> be using to argue the application. | ||
The affidavit ought to tell you why the applicant wants the court to make the orders | The affidavit ought to tell you why the applicant wants the court to make the orders they are asking for and state the facts that support the making of those orders. | ||
==Replying to the application== | ==Replying to the application== | ||
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The Application Record is a three-ring binder that contains all of the application materials, with an index and separated by tabs, that is assembled by the applicant. The Application Record is prepared for the benefit of the judge or master hearing the application. | The Application Record is a three-ring binder that contains all of the application materials, with an index and separated by tabs, that is assembled by the applicant. The Application Record is prepared for the benefit of the judge or master hearing the application. | ||
The applicant <span class="noglossary">will</span> give you | The applicant <span class="noglossary">will</span> give you their index to the Application Record by 4:00pm on the business day that is one full business day before the hearing. Make up your own Application Record using the applicant's index. This <span class="noglossary">will</span> make sure that you, the applicant and the judge are all on the same page when you're referring to the materials in the Application Record. | ||
==The rules== | ==The rules== | ||