Family Court Lawyers
“Thanks to the professional services from Justice Family Lawyers, I can sleep again now. They helped me receive an excellent result at the court. They are so professional and efficient. It’s highly recommended.” – Chad Shi
Remember, what you say or write can be used in court. Avoid words or actions that might affect your case or how the judge sees you.
Courts focus on property division and child arrangements, not on punishing anyone for past events. Show respect in court, be punctual, and organise your documents well.
Always comply with court orders, even if you disagree. Not following them can upset the court and impact your time or finances.
If mediation fails, and you can’t settle with your ex-partner outside court, you’ll need to file for the orders you seek in court.
Family Court Requirements
Initiating Application – a document where you complete your personal information and write the orders that you want the court to make.
Affidavit – A statement written by you that outlines the facts of the matter and provides detail as to why you are seeking the orders in the Initating Application.
Notice of Risk – This needs to be filed only if you are seeking parenting orders. It is to put the court on notice that there may be a risk to the children involved in the court proceedings.
Financial Statement – If you are going to court for a financial matter, you will need to file this document. You will need to fill in information about your current financial situation.
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Response to Initiating Application Requirements
Response to Initiating Application
You use this form because you disagree with the orders sought by your ex-partner and you want the court to make different orders or no orders at all.
Affidavit
This is a supporting statement that details your version of events and is in line with your Response. It should also respond to the affidavit that was filed with the initiating application.
Notice of Child Abuse, Family Violence or Risk of Family Violence
This needs to be filed only if you are seeking parenting orders. It is to put the court on notice that there may be a risk to the children involved in the court proceedings.
Financial Statement
If you are going to court for a financial matter, you will need to file this document. You will need to fill in information about your current financial situation.
We address all aspects of family law
Your journey, our advocacy.
AVO
Child Custody
Child Support
Consent
Orders
De Facto Property Settlement
Divorce
Mediation
Prenup
Property Settlement
Separation
Wills and Estates
Learn what steps you can take next.
No Response to Initiating Application
If there’s no response to an initiating application in a legal proceeding, the process generally follows these steps:
- Verification of Deadline: Initially, it’s crucial to verify that the response deadline has elapsed. Different jurisdictions have varied rules regarding the time frame for the respondent to reply.
- Notification to the Court: After the deadline passes without a response, the applicant typically informs the court. This can be accomplished through a formal notice or filing.
- Potential for Default Judgment: Sometimes, if the respondent fails to reply, the court might grant a default judgment favoring the applicant. This entails the court accepting the claims of the applicant without the respondent’s side being presented.
- Court Hearing: Even if a default judgment is a possibility, some courts might require a brief hearing or the submission of additional evidence before reaching a decision.
- Consequences for the Respondent: If a default judgment is entered, it can have significant consequences for the respondent, including a judgment made against them without their input.
- Opportunity to Respond Later: In certain jurisdictions, the respondent might have a chance to challenge the default judgment by demonstrating a valid reason for their initial non-response.
- Legal Advice: Seeking legal advice is crucial for both parties. For the applicant, to understand how to proceed with the case, and for the respondent, to comprehend their rights and potential actions to address their lack of response.
