At a September case conference the Judge set the date for a hearing at the beginning of November. (I have a copy of the Endorsement saying so).
Respondent files papers etc. and researched what to expect at a hearing. Applicant does not file papers on time.
Respondent appears in court on the appointed day and waits outside the courtroom. Applicant and his lawyer are already there, although they are seated on the other side of the room to usual. Respondent slightly baffled, but takes seat.
Judge arrives and announces the beginning of the TRIAL. Respondent is dumbfounded because Respondent was not advised the hearing had become a trial. Applicant and his lawyer however, ARE ready for a trial.
Respondent is thinking fast, "If I say I'm not ready, then I'll be charged and it will be adjourned. Okay, just push on. How does a simple change of child support, proportionate S.7 expenses and arrears turn into a trial?"
How fair is it when one party has received notification that a hearing had become a trial and the other wasn't notified? Do mistrials exist in family law? I'm not thinking of appealing the Judge's decision (even though I've been banned from being able to take legal action against anyone unless I get permission from the court first). I'm starting to get angry about my one and only unexpected Trial experience. (for the record, I won, though the Judge awarded costs to the loser -- another odd twist of affairs that has duty counsel baffled). Can yo complain about a Judge being unfair?
Respondent files papers etc. and researched what to expect at a hearing. Applicant does not file papers on time.
Respondent appears in court on the appointed day and waits outside the courtroom. Applicant and his lawyer are already there, although they are seated on the other side of the room to usual. Respondent slightly baffled, but takes seat.
Judge arrives and announces the beginning of the TRIAL. Respondent is dumbfounded because Respondent was not advised the hearing had become a trial. Applicant and his lawyer however, ARE ready for a trial.
Respondent is thinking fast, "If I say I'm not ready, then I'll be charged and it will be adjourned. Okay, just push on. How does a simple change of child support, proportionate S.7 expenses and arrears turn into a trial?"
How fair is it when one party has received notification that a hearing had become a trial and the other wasn't notified? Do mistrials exist in family law? I'm not thinking of appealing the Judge's decision (even though I've been banned from being able to take legal action against anyone unless I get permission from the court first). I'm starting to get angry about my one and only unexpected Trial experience. (for the record, I won, though the Judge awarded costs to the loser -- another odd twist of affairs that has duty counsel baffled). Can yo complain about a Judge being unfair?
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