Federal Circuit Court Directions - consequences of not following them
The Full Court of the Family Court in a recent case, Loomis & Thurston upheld Judge Howard's decision to not allow a self-represented litigant to rely on an extremely large affidavit filed approximately one month after the date set for filing in earlier directions.
This was a parenting case and directions were made for the parties to file one affidavit comprising their evidence in chief by 25 April with the trial listed for 25 May. The self-represented Father filed his affidavit on 10 April, containing 212 pages of text plus a large number of annexures. The Father then sought to rely on a further affidavit on 18 May, which had 236 pages of text plus hundreds and hundreds of pages of annexures. It only had one paragraph about events that had occcurred after 25 April.
The Full Court found there was no lack of procedural fairness by not allowing the Father to rely on this later affidavit.
Partner at Collas Moro Ross
7 年Thankyou for publishing this case law update Ms Awyzio.
I Swedish Architect I Lawyer I Problem solver I International Interior Designer I Live Brief Designer.
7 年I have just come across affidavits at an average of 420 pages per bundle in a matter. Some pages are upside down or even back to front, no chronological order, no paragraphing, annexures not properly annexed, spelling mistakes and generally poorly written. Self represented litigant father- and barrister at law. Family law. These doorstoppers of affidavits should not be accepted at filing. Simple.