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Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 4851
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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Good Morning I have been a Paralegal for the past 5 years

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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?


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.
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Customer: replied 3 years 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



All the best

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