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Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5367
Experience:  Dip Law LPAB - Sydney based lawyer
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I have a second readiness hearing on 6th of May, we have

Customer Question

Hi I have a second readiness hearing on 6th of May, we have already had interim hearing.
JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: The Magistrate has said that I have to file and serve a "Trial Plan" setting out the expected length of my opening and closing address and
JA: Is there anything else important you think the Lawyer should know?
Customer: the list of witnesses (there are no witnesses)
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Lawyer about your situation and then connect you two.
Customer: It is for Adult Child Maintenance in the Family Law Court
Submitted: 8 months ago.
Category: Australia Law
Expert:  Patrick H. replied 8 months ago.
Hello and thank you for your question.Can you elaborate on the circumstances giving rise to the adult child maintenance claim? Are you the applicant or the respondent?Is there a reason you are not intending to call on any witnesses?What do you intend to argue?
Customer: replied 8 months ago.
Hi,
I am the applicant - the adult child's mother, he is at university.My main problem with this is I can't find any examples or templates for a "trial plan" and am not sure how I should lay it out and what I need to put in it
Customer: replied 8 months ago.
My son and I have filed Affidavits & Form 13's
There are no witnesses as there are no relevant witnesses to call - I don't want to call my son as I don't want him to have to hear his father make excuses etc to try and get out of paying any money towards his support
Customer: replied 8 months ago.
I intend to argue that his father has the capacity to pay under section 66L of the Family Law Rules - he earns $88k per year, owns 2 4 bed properties, 2 boats, 2 cars
Expert:  Patrick H. replied 8 months ago.
Please advise which state you are in.
Customer: replied 8 months ago.
Hi, I am in West Australia
Expert:  Patrick H. replied 8 months ago.
Ah, WA has a somewhat different court regime than the rest of the country and I don't believe there are any WA based lawyers on this web service, otherwise I would refer you to them.I would strongly suggest you contact the court registry. Whilst they cannot give you legal advice as to what you should say, they can advise you as to the appropriate forms to use and the matters you need to cover, as required by the court.The court ultimately decides how the trial will proceed, the document you are being asked to prepare is essentially for the purpose of assisting the court in making sure enough time is allocated to deal with your matter.Don't worry too much about getting the forms exactly right as the family court is reasonably tolerant of unrepresented parties making minor mistakes. I would also suggest you review both court website material, the court rules:http://www.familycourt.wa.gov.au/http://www.austlii.edu.au/au/legis/wa/consol_reg/fcr1998202/I trust the above assists.Good luck and please rate my answer.Patrick