PRE-TRIAL MENTION - ISSUE OF TRIAL NOTICE
- If the dispute between you and your former partner does not settle at or before Conciliation Conference, your matter will be placed in a pool of matters awaiting the issue of a Trial Notice.
- A Trial Notice is a document which makes various directions so that the parties can prepare their case for Trial.
- Generally, a Trial Notice will contain the following directions:
- A direction that the parties file their Affidavit of Evidence in Chief and the Affidavit of any witness by a particular date;
- That the parties file and serve an updated financial Statement by a particular date;
- That the parties attend a Pre-Trial Conference. A Pre-Trial Conference is a conference with a Registrar or Deputy Registrar of the Family Court where a date for final hearing is listed and the parties discuss how much time they will need to present their case and cross-examine the other side's witnesses.
- That the parties file a Compliance Certificate. A Compliance Certificate is a certificate which we issue to the Court on your behalf certifying that we have complied with all of the directions made in the Trial Notice on your matter. A Compliance Certificate indicates to the Court that you case is ready to be allocated a date for Trial.
- A direction that the parties file their Affidavit of Evidence in Chief and the Affidavit of any witness by a particular date;
- A Trial Notice can also contain any of the following directions, however, these directions are not made in every case:
- Directions about discovery and inspection of documents;
- Directions that parties issue any Subpoena to a third party by a certain date;
- An Order appointing a single expert witness.
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Dear Brett,
We write to thank you for your prompt and professional attendances on the Company’s behalf in connection with the matrimonial proceedings. We appreciated you willingness to act for the Company on short notice and we were impressed with the professionalism you displayed in so doing.
Yours faithfully
Gary
