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I’ve set up a go fund me campaign to fight the bankruptcy proceedings my ex has launched against me: https://gofund.me/24af5893

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Premature Litigation Ejaculation Syndrome

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Use the new 'send us a text' feature at the top of every episode description to send me your ideas, suggestions for topics, and general feedback about what you'd like to hear more of.

I have plenty of ideas, but I'd love to hear what you think.

Family law is an isolating, traumatising, soul destroying place to be, and I hope my small soundbites bring some humour, and lots of commonsense, to an otherwise dreadful space to be occupying.

From one self-represented litigant to another...

Sic em rex!


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Just like the Eagles sing in Hotel California: if you’re in a property case “You can check-out any time you like, but you can never leave!"

Without leave of the court, you cannot withdraw from a property case once it’s started, no matter how exhaustipated or traumatised you are by your psychonarc ex.

Withdrawing leaves you vulnerable to a costs order being made against you, but even more horrific than a costs order is the fact that the rules allow your ex to continue to litigate the proceeding without you there, on an undefended basis, and not only are you at risk of costs, but you also have no say in anything and you’ll have to wear whatever the court orders.

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 (F2021L01197) - RULE 10.02

Discontinuance

(1) A party may discontinue an application or response by filing a notice of discontinuance in accordance with the approved form.

(2) A notice of discontinuance may be filed:

(a) at least 14 days before the day fixed for the final hearing of the application; or

(b) with the leave of the court, at a later time.

(3) However, a party must not file a notice of discontinuance in a proceeding under the Family Law Act without the leave of the court if:

(a) the proceeding relates to the property of a party; and

(b) one of the parties dies before the proceeding is decided.

(4) A party filing a notice of discontinuance must, as soon as practicable, serve a copy of the notice on each other party to the proceeding.

(5) Discontinuance of an application or response by a party does not discontinue any other party's application or response.

And then there is the costs implications:

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 (F2021L01197) - RULE 10.03

Costs

(1) If a party discontinues an application or response, another party to the proceeding may apply for costs.

(2) Unless the court directs otherwise, an application for costs must be made by a party within 28 days after service on the party of the notice of discontinuance.

(3) If an order for costs is made against a party, and the party brings against the party to whom the costs are payable a further proceeding on the same or substantially the same matter, the court may stay the further proceeding until the costs are paid.


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The Harman Undertaking, also known as the Harman Obligation, is not found in legislation, but in the UK case of Harman v Secretary of State for Home Department [1983].

It is an implied obligation not to use documents obtained or produced as a result of the compulsory processes of the court for any collateral or ulterior purpose.

The High Court of Australia in Hearne v Street (2008) has described this as a substantive and implied obligation. In Hearne v Street, the court held that:

‘Where one party to litigation is compelled, either by reason of a rule of court, or by reason of a specific order of the court, or otherwise, to disclose documents or information, the party obtaining the disclosure cannot, without the leave of the court, use it for any purpose other than that for which it was given unless it is received into evidence.’

A Harman release case:
http://www.austlii.edu.au/au/cases/cth/FedCFamC2F/2022/840.html


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Just like with recycling, family law has rules that govern how a case is run, and there are lots of practice notes and guides available to assist you in running a case.

Wishlitigators want the process to fit their belief systems about how family law should be run, instead of fitting themselves into the rules and processes of the family law system.



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In the Federal Circuit and Family Court of Australia trial is by affidavit, and your affidavit becomes your evidence in chief. At trial you will be cross-examined about your evidence in chief and all parts of your affidavit will be canvassed.

Your affidavit is how you present the facts of your case. Affidavits should be concise, factual, and not merely a regurgitation of your distress or pain. Keep your emotions and opinions for your private journaling as they have no place in an affidavit.

Don’t use affidavits to finger point, lay blame, or make accusations. If in doubt, leave it out. The court isn't interested in your exes affairs, the herpes he gave you, or his daily marijuana use because it's a no-fault jurisdiction.



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