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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 23052
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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Same case,,my wifes interlocutory application for discovery

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Hi Chris,same case,,my wifes interlocutory application for discovery of documents R141 Family Court rules 2002 which I did not oppose or make any submissions on was declined by the judge,however the application for discovery on our lawyers who acted for us previously was approved & served & they responded to the court consenting to the terms of the draft order & respectfully ***** ***** their appearance at any hearing of the application may be dispensed with(Rules 141 &*****Rules 2002).Result: Directions:1.Service to be effected on (lawyers) and affidavit of service filed,2.Request for order for discovery against the respondent(me) on the papers is declined,3.Matter to be allocated 45 minute judicial conference to progress discovery & proceedings in general.Memoranda to be filed 5 clear days in advance.Copy of this direction & notice etc.Chris I am still representing myself,what do you suggest I do next.I would like to ask the court for closure in this matter & I still maintain she has no claim & I have previously voluntarily provided mortgage bank statements showing payments from my sons account since 2006 (he & I are joint proprieters),I have attached legal documents that my wife signed with an independent lawyer following advice to seek independent legal advice on my affidavits submitted.To date she has not provided her legal council with any documents relating to our property at all & I have not applied to have any sought either (no bank statements,etc) Should I make a request to the court by way of affidavit to have her caveat removed given that it will over 12 months since her application was lodged & the only documents she has provided to date are affidavits cheers dave

I would suggest that you file an application about removal of the caveat due to the slow process and her failure to provide any substantive evidence, and ask for this to be considered at the 45 minute judicial conference coming up. You might also want to ask the court to consider striking out her application due to lack of progress, also to be considered at the conference

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