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Thanks Alex but I have final orders made in 2010 final payment

 
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  • Answered by:Alex
  • Solicitor - Admitted 2005
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Customer Question

Thanks Alex but I have final orders made in 2010 final payment should of been 2011 originally the courts did put an injunction on the properties not to be over encumbered but the banks did lend him $428k more than what it was required to satisfied the previous bank debt.



Can I ask the courts to allow me to sell the properties ......Because that is why I started enforcement orders because I could see what the end result was going to be and that the banks will foreclose .



Regards

Catalina

 

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State/Territory: WA

Already Tried:
I have been granted enforcement orders which I will be going back to the courts this Monday 27Th Feb because he was to do a form2 and form13 for mandays hearing but I know he has not complied with that I was granted to subpoena the bank.Which I have and the papers wont be there for this hearing.

Submitted: 419 days and 11 hours ago.
Category: Australia Law
Value: AU$69
Status: CLOSED

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Expert:  Alex replied 419 days and 7 hours ago.

You can ask the judge to amend the orders, but there is no guarantee that a judge would do so. Usually if you have orders and one party isn't complying, then you bring a contravention application.

Expert TypeSolicitor - Admitted 2005
Category: Australia Law
Pos. Feedback: 94.6 %
Accepts: 12589
Answered: 2/24/2012

Experience: I did my law degree at the University of Queensland

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Customer replied 418 days and 9 hours ago.

Hi Alex,

Just been in the family law web site and contravention orders are made for children have not been able to find what you actuallt mean.

Regards

Catalina

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Expert:  Alex replied 418 days and 9 hours ago.

A contravention application can be used for non-compliance with Court orders, both orders relating to children - as well as orders relating to financial matters.

http://www.familylawcourts.gov.au/wps/wcm/resources/file/eb99e24a2701f31/App_Contravention.pdf

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Customer replied 418 days and 7 hours ago.

I want to ask the courts to allow me to sell the chattels and properties or ask the courts for my ex to sign a property over to me and he takes the debt.

Accepted Answer

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Expert:  Alex replied 417 days and 17 hours ago.

If final orders have been made then it is too late to ask the Court to do those things.

Please don't forget to press the green Accept button.

Expert TypeSolicitor - Admitted 2005
Category: Australia Law
Pos. Feedback: 94.6 %
Accepts: 12589
Answered: 2/25/2012

Experience: I did my law degree at the University of Queensland

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