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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 38184
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Last Friday my husband & I went to court to defend a MRO which

Resolved Question:

Last Friday my husband & I went to court to defend a MRO which this man in our shed (see previous questions) was trying to take out on us. There was no grounds as we have not spoken to him since he conned is way into our shed Aug 2011. Everything goes through our lawyer. He did not show up in court so the MRO was dismissed & costs against him which we will not receive as he pays no one. My question is since this is the 3rd time (Other 2 were VRO's) he has tried to do this to us the first VRO was not granted second VRO he did not show up in court & now the MRO he did not show can he keep doing this to us as it is costing us each time he tries something like this in lawyer fees. We are going to court again on 31st May for our appeal & I know he will try & delay it again. This would make it the 4th time as he didn't show up for the first 3 then stated he didn't have a lawyer as he sacked the one he had though his lawyer has since written to say that he does not represent this man as he has not paid his bills. He now has a lawyer from Melbourne who I am sure he has sung a great story to. All we want is to get on with it & gethim out of our lives. Summary can he come back with another VRO Or MRO? & how many times can the court postpone our appeal using his lawyer as an excuse?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.
Good Afternoon,

Thank you for your question. To Introduce myself I am a sydney based Solicitor and will do my best to provide you with relevant information to assist you.

He appears to be a vexatious litigant and I would suggest you speak with the solicitor that you have and see whether or not an application can be made to the court that he not be permitted to sue again.

There are matters in all jurisdictions of Australian where people are banned from filing applications with the courts because they are sent to vexatious and wasting court's time and money.

The courts usually will not allow indefinite adjournments because of a failure of the solicitor to appeal or a client does not have a solicitor.

If you failed to attend on the next occasion I suggest that your solicitor requests that the matter be struck out if it is his application, or that the orders are you seeking your application be granted and that the court also makes an order for costs against this person.

At this point your solicitor should also request the court consider referring the matter so that this person be forbidden from making any further claims against anybody in the state as a vexatious litigant.

following link is information about vexatious litigants in Australia.

http://www.stacklaw.com.au/templates/stacks/media_releases/081222_Vexatious_litigation.pdf'

If the appeal is your appeal and he doesn't show you should request that the order be made against him and also an order for costs.

I know it's frustrating but this is all that is left but your solicitor should not accept the court saying to adjourn the matter further. Your solicitor should stand up and request the court will make adjournment order and give the court history of the matter and the previous matters so that the court understands and does not grant a further adjournment.

I hope this is of assistance. If I have missed anything, or you have any further questions please let me know before leaving any feedback.

If I have assisted please do not forget to leave me with positive feedback.


 

Leon, Solicitor
Category: Australia Law
Satisfied Customers: 38184
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Leon and other Australia Law Specialists are ready to help you

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