All the documents are filed, what happens next?
Undefended applications | What goes in the Affidavit of Evidence?Directions for Trial (special procedure) Undefended applications
If you have submitted your Acknowledgement of Service form stating that you do not intend to defend the case, the applicant will submit an Application for Directions for Trial (special procedure) (Word doc) (PDF) along with an Affidavit of Evidence.
The court will give directions for trial if it is satisfied that:
- a copy of the application and any subsequent pleading has been duly served on every party; and
- if no notice of intention to defend has been given, that the time limit for giving such notice has expired.
The Chief Registrar will then enter the proceedings on the ‘Special Procedure List’.
What goes in the Affidavit of Evidence?
Where you have chosen to submit a cross-application, there must be an affidavit of evidence submitted with the Application for Directions for Trial from both parties. This affidavit must contain information required by Form 7 Affidavit in Support of Application
- Adultery (Word doc) (PDF);
- Behaviour (Word doc) (PDF);
- 2 Years Separation (Word doc) (PDF); or
- 5 Years Separation (Word doc) (PDF).
together with correlative evidence on which you intend to rely. This is to verify the contents of any statement of arrangements that you have filed.
The Chief Registrar will then enter the proceedings on the ‘Special Procedure List’.
Once any issues are sorted out, the applicant (and you on cross-application) can then apply for applications for directions for trial (special procedure) and have the case listed by the Chief Registrar.