Difference between revisions of "How Do I Reply to an Interim Application in a Family Law Matter in the Supreme Court?"

{{JP Boyd on Family Law TOC}}

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==Notice of the Application==

You will be entitled to notice of almost every application the other side, the ''applicant'', intends to bring to court. The most common exceptions to this general rule are when:

#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 his or her 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; and,

#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 his or her application, the applicant will send you a copy of his or her Notice of Application and any new affidavits the applicant will 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 will tell you:

#the orders that the applicant will be asking the court to make;

#the facts the applicant says support the application;

#a summary of the applicant's argument in favour of the application;

#the rules, acts or regulations the applicant will be relying on; and,

#the affidavits the applicant will be using to argue the application.

==Replying to the Application==

In most cases, to reply to an application you will prepare and file an Application Response in Form F32 and at least one new affidavit. You must send two copies of your filed materials to the applicant at least five business days after you were served with the application materials.  

#the orders that you agree to the court making;

#the orders that you intend to oppose;

#the orders that you might agree to if certain conditions are met;

#your understanding of the facts that relate to the application;

#a summary of your argument against the application;

#the rules, acts or regulations you'll be relying on; and,

#the affidavits that you will be relying on at the hearing of the application.

==The Applicant's Reply==

The applicant will give you his or her 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 will 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==

==Further Reading==

A more complete discussion of the interim application process and the different timelines and deadlines can be found in the ____ page.

[[Category:How Do I? (Family Law)]]