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Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 3441
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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How realistic is it to self represent?In a nutshell this

Resolved Question:

How realistic is it to self represent?

In a nutshell this is my situation. My ex partner and I over capitalised on a property. To make matters worse, when we split she took $115k from joint account. I'm in the house, but I'm about $350k down after a 10 month relationship.

My ex purchased a house and car (and paid some debt) with the $115k.

Long story short my solicitor has told me that it's difficult to tell outcome of case if it goes to Final Hearing.(there are lots of factors - too many o mention here) It would cost $30-50k to get to end of action, and I might get 60k (or I might get nothing, or I might get more) my ex has 3 kids of her own. I have one from my late wife.

After mounting legal costs I decided to self represent. I successfully received an interim hearing where I was granted a partial property settlement (house and debt into my name). Final hearing is late Aug. My open offer is for my ex to pay me $65k, which my solicitor calculated based on percent of assets pre and post relationship. My ex offered a limited time offer of $30k (basically her legal fees) which I turned down. In an effort to avoid final hearing I've last week offered $45k which she rejected and opened the $30k offer again.

The amount isn't anywhere near enough, or just.

But is it realistic that I can run what I'm told is likely to be a 2 or 3 day hearing, against a barrister, and hope a judge will see my side.

I've heard self represented means you have a fool for a solicitor. Possibly true! I'm no fool, but the whole process is definitely taking a toll on me. I'm not looking forward to the prospect of the final hearing and days of arguing and legal shit.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Wendy-Mod replied 1 year ago.
Hello,

I'm Wendy, and I’m a moderator for this topic.

We have been working with the professionals to try to help you with your question. Sometimes it may take a bit of time to find the right fit.

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Customer: replied 1 year ago.
Thanks Wendy,

I'll keep waiting.
Thanks
Expert:  Wendy-Mod replied 1 year ago.
Thank you, XXXXX XXXXX continue to look for a professional to assist you. Please let me know if I can be of any further assistance while you wait.

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Wendy
Expert:  Daniel replied 1 year ago.

Hello

 

With respect, I have seen barristers take a pounding in court by self represented people.

 

I have also seen solicitors who are parties in matters, seek representation by a solicitor and barrister and get beaten.

 

Your offer is reasonable. I would strongly push for that offer, send it over to them again and have that annexed to the court papers so they know that she is being unreasonable.

 

Use that is leverage in court. Say 'she did not accept this offer, this is the only reason why we were in court today.' It puts the judge on notice and looks to the other side to settle.

There are some lawyers who charge so much money to clients, her fees will be so significant, that the offer plus the fear of legal fees, she should settle.

 

You will be ok.

 

Please accept.

Customer: replied 1 year ago.
Thanks Daniel,
I'm a little confused by your last comment "pease accept"

I'm also concerned that she is taking a "I'd rather give all my money to the solicitors than to him" attitude.

If she keeps running up legal bills she may have little or no money left for judge to order to me.

If, at end of day, judge orders she pay me approx 30k, because that's all she has, she will make an application for costs as I'd have refused that offer for settlement. Is that likely to succeed?

That's for considering my question. I get that it's general advise, I treat it as just one more factor to consider, so appreciate your frankness.
Expert:  Daniel replied 1 year ago.
Please accept, means simply to 'click accept' to my answer.

Her attitude will get her nowhere in court.

If she is being unreasonable, the court will pick up on that asap and she will be penalized.

An application for costs is most likely for wasting time and money.

Please accept.
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 3441
Experience: Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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