How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Daniel Your Own Question

Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 3428
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
13248794
Type Your Australia Law Question Here...
Daniel is online now
A new question is answered every 9 seconds

Good Morning I have been a Paralegal for the past 5 years

Customer Question

Good Morning

I have been a Paralegal for the past 5 years in the field of Family, Civil and Criminal Law. My Partner has a current civil matter listed in the Magistates Court in Southport but we are yet to receive a Hearing date. He does not have legal representation as it is a small dispute in relation to his Body Corp fees on his investment property.

Long story short..he ended up a bit late paying the yearly fees (which he has now duly paid to date) - the Body Corp management knew he was living at the property a the time, yet were sending his statements to a previous address. They had no tried to call him or contact him at all via telephone or in person and then filed a Claim.

We then filed a Notice of Intention to Defend and Counter Claim with the basic grounds and evidence in emails whereby my Partner was infact trying to contact them etc that he had not been reasonably informed and they just took it to Court. They filed the mandatory Reply stating they were not able to Plead to the Counter Claim. Cameron has since received a Statement (after they agreed in writing to hold off on any further legal fees until the matter was decided) and the Statement now totals over $3000 in legal fees, of which another $1500 had been added in August whilst nothing has happened. Camerson is quite happy to pay for the intitial letter of warning to pay for the amount of $308.00 and their brief fee of $165, but we cannot work out where the extra $3000 comes from as it is not itemised and they had agreed to hold recovery action in a letter dated 20 June 2013.

What do you suggest we do from here as the matter is listed in Court, therefore, my understanding according to the Civil Law Act is that there can be no further resolution out of Court as the Honourable Court has to decide. So do we stand our ground and not pay the excessive legal fees until we receive a Hearing date?

Anna
Submitted: 1 year ago.
Category: Australia Law
Expert:  Daniel replied 1 year ago.
Hello

I would draft up a statutory declaration confirming that he was residing in the place and that the strata did know he was there.

I would outline also that he was happy to make payment of the original claim and that the legal fees are only as a result of strata's sheer ignorance as to where he resided. They incurred the legal fees as a result, not him.

The court takes a dim view of legal fees being incurred as a result of such actions.

Please accept.
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 3428
Experience: Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
Daniel and other Australia Law Specialists are ready to help you
Customer: replied 12 months ago.


Hi Daniel


 


Thank you ever so much for your help. So, I will draft the stat Dec this weekend and do I just file it plus 3 copies in Court under the Court file number?


 


Many thanks


 


Anna

Expert:  Daniel replied 12 months ago.
All the best

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Deborah Awyzio

    Solicitor

    Satisfied Customers:

    859
    Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
< Last | Next >
  • http://ww2.justanswer.com/uploads/DA/dawyzio/2011-8-17_41631_Debheadshotfromfrontdesk.64x64.jpg Deborah Awyzio's Avatar

    Deborah Awyzio

    Solicitor

    Satisfied Customers:

    859
    Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
  • http://ww2.justanswer.com/uploads/AU/AustralianLawyer/2012-8-24_122120_SeanPhoto.64x64.jpg Sean's Avatar

    Sean

    Experienced lawyer

    Satisfied Customers:

    837
    Law degree with 1st class honours from Australian National University.
  • http://ww2.justanswer.com/uploads/SE/section52/2011-3-4_91720_darrenkrusehs.64x64.jpg Darren Kruse's Avatar

    Darren Kruse

    Solicitor

    Satisfied Customers:

    16
    Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.
  • http://ww2.justanswer.com/uploads/BR/Brisbane.Lawyer/2013-10-15_65512_ProfilePhoto.64x64.jpg Brisbane.Lawyer's Avatar

    Brisbane.Lawyer

    Solicitor

    Satisfied Customers:

    105
    Lawyer of the Federal and High Courts of Australia; Lawyer of the Supreme Court of Qld
  • http://ww2.justanswer.com/uploads/MB/mbb75/Kylie at Makdap 500x500 pixels.64x64.jpg kmslegalservice's Avatar

    kmslegalservice

    Solicitor

    Satisfied Customers:

    18
    I have 14 years legal experience behind me and I graduated from the University of Sydney with First Class Honours in Arts/Law.
  • /img/opt/shirt.png Patrick H.'s Avatar

    Patrick H.

    Lawyer

    Satisfied Customers:

    4168
    Dip Law LPAB - Sydney based lawyer