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[For lawyers only] Common e-filing errors in eLit
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In addition to a Special Direction, an application to enter a person into a Compliance Bond can be taken out to enforce a Court Order that has been breached.
When considering whether to file an Application for Special Direction, also consider:
Gather the necessary evidence to support your case.
At the same time of filing the Application for Special Direction, file an Application for Compliance Bond, together with the supporting evidence, at the Community Justice and Tribunals System (CJTS).
For the purpose of the proceedings, you will be known as the Applicant and the person to be bonded will be known as the Respondent.
At the time of filing, a Notice of Pre-Trial Conference to the Applicant and the Respondent to attend a Pre-Trial Conference at the CDRT on a specified date and at a specified time will be issued via CJTS.
Within 14 calendar days after the Application for Compliance Bond is filed in CJTS, the Applicant must serve one (1) set of the Application for Compliance Bond and one (1) set of the supporting evidence on the Respondent.
E.g. If the Applicant files the Application for Compliance Bond on 3 August 2015, the Applicant must serve one (1) set of the Application for Compliance Bond and one (1) set of the supporting evidence on the Respondent by 17 August 2015 at the latest.
If the last day of the period is a Sunday or a Public Holiday, the period will include the next working day.
Within 8 days after the date on which the documents are served on the Respondent, the Applicant must file a Declaration of Service in CJTS.
If the Respondent intends to object to or contest the Application for Compliance Bond, the Respondent has 14 calendar days after being served with the Application and the supporting evidence to file his Reply, together with the supporting evidence, via CJTS.
Within the same 14-day period, the Respondent must serve one (1) set of the Reply and one (1) set of the supporting evidence on the Applicant.
The Applicant and the Respondent must attend the Pre-Trial Conference at the CDRT on the specified date and the specified time.
Things to bring:
Where the Application for Special Direction has not been heard, the CDRT judge will fix the case for hearing together with the Application for Special Direction.
Where the Application for Special Direction has been heard, the CDRT will fix the case for its own hearing.
Where the CDRT has fixed the case for hearing, the CDRT will issue a Notice of Hearing to the Applicant and the Respondent to attend the hearing at the CDRT on a specified date and at a specified time.
The Applicant and the Respondent must attend the hearing at the CDRT on the specified date and at the specified time.
If the CDRT judge decides to make a Bond Order, the CDRT will prepare the Bond immediately after the hearing. The Respondent will then sign the Bond.
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