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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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My name is annajo Rongo and I have a hearing on Monday but I

Customer Question

Hi my name is ***** ***** and I have a hearing on Monday but I do not have a lawyer nor can I afford it how do I repersent myself in court with no lawyer present ?can you help me
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Afternoon

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 advice but a guide to assist you.

What type of case is it?

Did the court make orders about the filing of documents and did you comply?

Customer: replied 1 year ago.
Family law about our 2year old son that has not seen his father for over a 12 period due to his own wants .and I have not yet filled out an affidavit ?
Customer: replied 1 year ago.
No I have not yet conplyed to them and I'm very worried that its going to go 1 sided
Customer: replied 1 year ago.
I only have 1100 dallors am I able to get a barrister or someone to repersent me during the hearing ?with that amount of money ?
Expert:  Leon replied 1 year ago.

Good Afternoon

When were you supposed to file the affidavits?

Is it a final hearing?

Not at this late notice.

Has the other side complied?

Customer: replied 1 year ago.
I was surpose to file my affidavit a month ago but I did not have the funds and I could not get time off work to do so .Yes it is a final hearingOK thort as much
No the other side is being very difficult and won't comply with what I have put forward which is a place in mt barker children's contact center for supervised vists .because I have proof of the other party burning our 2year old son with a vacuum
.
Expert:  Leon replied 1 year ago.

If both of you have not complied the court may not proceed.

If they do they will proceed on the documents they have.

Was there a family report prepared?

Customer: replied 1 year ago.
What if I haven't written a response to any documents ?And the other party has.?Not that I no of ..what is a family report ?
Expert:  Leon replied 1 year ago.

Are you the applicant or the respondent?

Did the court order that an independant report be prepared?

Customer: replied 1 year ago.
RespondentNo
Expert:  Leon replied 1 year ago.

You must have filed a response and also an Affidavit with that response.

If you have not then the court will have to put you on the stand and you will have to give evidence.

Customer: replied 1 year ago.
I have a doctors paper and a picture of the vacuum ..I have an affidavit on paper but I have not yet typed it out coz I don't have access to a laptop or a computer
Expert:  Leon replied 1 year ago.

You should have filed one when you responded.

What is in your response?

The affidavit has to be filed and served on the other party.

You can try and file it in court and give them a copy but I cannot guarantee that will be allowed.
If you have nothing in court then I am concerned that the court is not going to be able to deal with it.

You do not have to type them you can hand write them.

I am shocked and worried about you and at this time on a friday there is very little that can be done.

Customer: replied 1 year ago.
I am very worried
Customer: replied 1 year ago.
This is the doctors document that I mentioned earlier and a picture of the vacuum would this help me in anyway in court?
Expert:  Leon replied 1 year ago.

I am not sure who sent you this letter.

But it is not assisting you

The court is going to either adjourn the matter or make a ruling in your wifes favour if you have not filed any affidavits.

In the morning go to court early and see the legal aid solicitor and see if they can assist you.

You cannot rely on the photo unless the doctor can give evidence.

The doctor has to either prepare a report or an affidavit.

Both would have to be filed in court.

Customer: replied 1 year ago.
That was filled out buy the doctor him self.Also my ex boyfriend has written his affidavit to me and he has also got legal aid
Expert:  Leon replied 1 year ago.

You need to see legal aid Monday morning.

You have to have someone appear for you to get an adjournment.

We cannot assist you in running a hearing but had you contacted us earlier we could have suggested writing to the court to vacate and have time to get a lawyer.

But it is too late now.

Customer: replied 1 year ago.
Adjourn ?
The hearing is on Monday morning @10am
Expert:  Leon replied 1 year ago.

You are not ready for a hearing. You have not filed anything.

If the court refuses to allow you to file on Monday you have nothing

You will not get what you want.

Customer: replied 1 year ago.
I other words it will only go*****?
Customer: replied 1 year ago.
I can't postpone the hearing can I ?
Expert:  Leon replied 1 year ago.

From what you are telling me, with no affidavits filed by youI think so.

The other side will not agree to you filing in the morning.

You have to ask the court to adjourn.

Customer: replied 1 year ago.
I have a affidavit but it hasent been served to the other partyWill the court agree with me wanting to adjourn ?
Expert:  Leon replied 1 year ago.

That is right and they can argue they have not had any chance to see it and get instructions.

I cannot say if the will or not

But you have to ask for it.

You are not ready.

This is what I am telling you see the legal aid solicitor that is in the court monday morning

See if they will assist you get the adjournment.

Customer: replied 1 year ago.
Ok that means filling a legal aid form out right ?On Monday morning?
Expert:  Leon replied 1 year ago.

No you can see them

They are there to help people that are self respresented.

You go and see them first thing in the morning.

This is how they work in NSW.

They are on duty to assist