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Patrick H.
Patrick H., Lawyer
Category: Australia Law
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Experience:  Dip Law LPAB - Sydney based lawyer
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I have some court orders dated February 2011 re property/ financial

Resolved Question:

I have some court orders dated February 2011 re property/ financial split between my ex husband and myself.
Is there a statute of limitation on these ie: do they expire if not acted upon, and is it possible to re do these as financial circimstances have changed?
Thank you, Louise.
Submitted: 11 months ago.
Category: Australia Law
Expert:  Patrick H. replied 11 months ago.
Court orders are generally enforcible in principle, for many years after the judgment (how long will depend on which court and the type of orders), however the usual problem is that they cease to be enforcible in practice because the circumstances to which the orders apply change. For example, if the court orders the transfer of property as part of the asset split then the orders may cease to be valid if the property has already been sold by the time you plan on enforcing it, this can mean that further court action will need to be made to address such issues.

So in short, you should definitely be now looking to enforce your orders sooner rather than later. If you go and see a new lawyer they will be able to get copies of the previous orders and can then advise you whether the current orders can simply be enforced or whether the orders need to be amended to deal with any changed circumstances.

The fact your previous lawyer is no longer available is not a sensible reason not to pursue the issue.

I trust the above assists.

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Thank you and good luck.

Patrick

Customer: replied 11 months ago.


Thank you,


 


And I will. But can I also ask if the property has de valued by more than 20% and another debt was paid in relation to another 'joint' venture, the orders can be altered accordingly, or only if property is sold?


An 'off th plan' deal was transferred into my name, but un be knowns to me a $50k deposit bond was attached that I have just paid. Can this be taken into consideration?


Thank you.

Expert:  replied 11 months ago.
It will depend on exactly what the original orders were, why they have not been enforced and exactly what has changed to warrant amendment of the original order, and if certain information was not known at the time of the original orders, why this occurred. This are facts which you will only be sorted out once you engage and fully brief a new lawyer.

I trust the above assists.

Please rate my answer so I can be paid by the website operator.

Please note I am only paid if you rate me with three or more stars/smileys.

Thank you and good luck.

Patrick
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 4518
Experience: Dip Law LPAB - Sydney based lawyer
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