Document Filing Error
The client has been experiencing delays of approximately 12 months awaiting a further directions hearing (FDR) related to a consent order due to a document error at the courts in Western Australia. The courts mistakenly uploaded incorrect documents from the last hearing. Despite attempts to contact the court's administration, the client has been unable to resolve the issue. The primary concern involves correcting this document error to secure another hearing and advance the case.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkHow can I expedite the scheduling of a new hearing for the consent order?
To expedite the scheduling, consider applying for an urgent hearing by submitting an application for an expedited hearing via a relevant court form, if the case involves children, or a general application for other matters. In your application, explain the error made by the court and the impacts of the delay, including any hardship. Additionally, you might contact the court to speak with the listings office, responsible for managing hearing schedules. Seeking legal advice may also assist with drafting the application and communicating with the court.
What steps should I take to correct the document error made by the court?
To correct the document error, submit a formal written request to the court's administration outlining the specific error and including supporting documentation that highlights the discrepancy. Make sure your request includes your case number and any relevant correspondence. It is helpful to use a factual tone and specify the urgency of the situation given the lengthy delay. Additionally, requesting a certificate of urgency from a solicitor may emphasise the need for prompt correction.
How can I escalate this issue to resolve it more swiftly?
For court-related issues, you may contact the Court Manager at the relevant court. They handle administrative tasks and can assist with escalated issues. If difficulties persist, consider reaching out to the relevant customer service centre for further assistance. Having details such as the case number and specifics about the error on hand can help facilitate resolution. Consulting a solicitor about the possibility of filing a formal complaint may also be advisable.
What are the potential implications of the delay in the FDR hearing on my case?
The delay in the Financial Dispute Resolution hearing can stall financial settlement proceedings, affecting financial stability and prolonging uncertainty. To mitigate negative effects, maintain detailed records of all communications with the court and keep your legal representative informed. Consider interim financial arrangements during the delay. Referencing applicable court rules may provide additional guidance on managing delays and compliance.
Are there formal complaint procedures or alternative dispute resolution methods available for court errors?
In addressing court administrative errors, consider submitting a formal complaint through the official complaint procedure. You can detail the errors and impacts of your case in your correspondence. Alternatively, you may explore options for dispute resolution, such as mediation, to expedite resolving related issues.
