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Hi, I recently went through a property settlement with my

 
Sydney-Lawyer's Avatar
  • Answered by:Sydney-Lawyer
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Customer Question

Hi,

I recently went through a property settlement with my ex. He was ordered by the court to pay me today. The orders clearly stated "the husband pay to the wife the sum of...".

However it appears he has delivered a cheque to my lawyer today , made out to my lawyer "on behalf of the wife" instead, which means another 5 - 7 days delay. Can he do that?

My lawyer has advised the funds will be placed in their trust until the cheque is cleared and then the balance (less any fees owed to them) will be forwarded to me. I am extremely angry about this as I did not agree to this. I thought the orders were very clear. Further, my lawyer has been extremely good at creating (unnecessary) things to do which I'm then billed for - when I have been very clear Im on a budget and only want the absolute necessities done, and only with my requesting it. To date I have paid all accounts in good faith but I am getting tired of paying out amounts which I have not solicited.

In retrospect I should have ceased my relationship with my lawyer once the court made the orders, some time ago. I assumed there would be no further action required of them

Please can you provide some guidance with respect to my questions above?

Many thanks

 

Optional Information:
State/Territory: victoria

Submitted: 363 days and 12 hours ago.
Category: Australia Law
Value: AU$69
Status: CLOSED
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Expert:  Sydney-Lawyer replied 363 days and 12 hours ago.

Good Evening


Unfortunately yes he can. You are represented by your Solicitor and he can receive it on your behalf.

It takes 3 days for a cheque to clear.

You need to check the Cost agreement you signed. If you have not authorised him to take his fees out then he cant. If you have an issue with the Bill you can have it assessed and challenged.

Here is some information about legal costs from the law institute of victoria

http://www.liv.asn.au/getting-legal-advice/choosing-a-lawyer/legal-practitioner-s-costs

You do not have to agree to the bill.

I hope this is of assistance and if so please click on the accept button.

Customer replied 363 days and 12 hours ago.

Thanks so much for that. I didn't realise I had an option to question a bill. I have paid some astronomical ones already which I felt were unjustified. Is it possible to challenge bills Ive already paid?

Accepted Answer

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Expert:  Sydney-Lawyer replied 363 days and 12 hours ago.

Good Evening


You will need to speak to the Law institute about this and if they have not given you a cost agreement before you started they have breached the rules.

You should have also been advised about challenging the accounts when they were sent to you.

I am not 100% sure but I believe you have 12 months to challenge the account so even if it is paid you should be able to challenge them.

But check with the law institute.

I hope this is of assistance and if so please click on the accept button.

Expert TypeSolicitor
Category: Australia Law
Pos. Feedback: 96.1 %
Accepts: 16864
Answered: 5/8/2012

Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

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