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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42652
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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How do I file legal grounds to stop a hearing or vacate a

Customer Question

how do I file legal grounds to stop a hearing or vacate a hearing date ,
after a judge has reused a motion to vacate a hearing date despite given evidence that on of the defendants will be away and my nominated solicitor not of file also is overseas that day,
which the same judge was informed about before fixing the hearing date
and gave advise to file motion to vacate , which came up before the same judge ,
but rejected the motion,
and I have no representation for the joint defendants only a week away
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Morning

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

What are your reasons to vacate the hearing date and what has the other side said?

Expert:  Josie-Mod replied 1 year ago.
Posted by moderator for customer:
Customer says: "the answer provide by Leon is not what I asked for"
Expert:  Leon replied 1 year ago.

I need you to provide me with more information

On what basis are you seeking that the hearing be vacated?

Expert:  Leon replied 1 year ago.

Good Morning

You have to file a notice of motion seeking to have it vacated.

It has to be accompanied with an Affidavit in Support.

I cannot tell you if you have legal grounds as I do not know what your reasons are but you have to notify the other side and send them copies of everything.

If they consent then you can both approach the court for the order. You may have to pay the other sides costs if they are ready.

I am sorry I cannot give you more than this. if there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.

Regards

Leon