Event and Time
Event Description
The case involves an appeal in family law proceedings where the respondent, Ms. Camdyn, sought to extend the time to rely on an affidavit that was filed out of the specified timeframe during the appeal process.
Application and Claims
- Appellant: Mr. Mandall, the father, contests the late application by the respondent to rely on an affidavit filed on 12 May 2022, arguing that the application should be dismissed.
- Respondent: Ms. Camdyn, the mother, claims that the delay in filing the affidavit was necessary to consider the appellant's impending written submissions, even though those submissions were not filed timely.
Judicial Decisions
The application by the respondent to rely on her late affidavit was dismissed by Deputy Chief Justice McClelland, emphasizing the need for parties to comply with procedural timelines unless a strong justification for delay is provided.
Dispute Points and Legal Basis
Dispute Points
- Appellant's Arguments:
- Objected to the late filing of the respondent's affidavit. - Asserted that the procedural orders for the filing of evidence were clear and must be adhered to.
- Respondent's Arguments:
- Sought to rely on the affidavit citing that her delay was justified as she was waiting for the appellant’s written submissions. - Maintained that the affidavit aimed to address and counter specific assertions made by the appellant in his prior affidavit.
- Evidence:
- The appellant provided an affidavit dated 7 April 2022. - The respondent’s affidavit was filed late on 12 May 2022.
- Reasoning Logic: