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Experience:  Dip Law LPAB - Sydney based lawyer
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In the supreme court of qld, I am the defendant, it is a family

Resolved Question:

Supreme court QLD family law matter, sitting dormant for more then 2 years what can I do to dismiss the case.

Submitted: 10 months ago.
Category: Australia Law
Expert:  replied 10 months ago.
If the matter is not being pressed for no apparent reason, you can apply to the court to have the matter struck out.

Whether the court will do so will depend on whether the other party or parties object object, and if they do, what explanation they have for the delay. A two year delay would require a good explanation I would expect.

The risk of making such an application is that if you are unsuccessful is all you may have achieved is to remind the other party to press ahead.

Rather than just applying to the court it might be better to contact the other side directly and simply ask them to discontinue the matter, and point out that if you have to apply to have it struck off that you will be applying for your costs of the application.

I trust the above assists.

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Thank you and good luck.

Patrick
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 4503
Experience: Dip Law LPAB - Sydney based lawyer
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