Your sister took the loan in the overseas country - that is, not in Australia?
but she lives here n she is not contacting them in any case and she told them to f**k off from her life and she is not giving them their money in any case
in our country we dont have any strong law
How much is involved?
20 thousand dollar
I am not sure that they can sue here in Australia - your sister would say that the contract was formed in the overseas country, and action must be taken there.
we dont have any law for such things we hardly have human rights my dad is police officer by himself.. Next year he will be coming here for my graduation and he want to sue here by bringing all his document and proofs when he is here is that possible?
That would be the case if the contract was formed here.
if there any thing that he can do for himself than
I don't think that will be possible because, for example, the Magistrates' Court here in Victoria to have jurisdiction must have some material part of the case occurring here in Victoria.
Did your father lend the money?
so even though person is here there is nothing to do with her
yes he lend the money and she promise to pay him back cause i was left to study and my dad was already retire at that time and when my dad ask her money cause i had to go in university she decline and i had to work myself to pay my fee
is that possible if my dad h
hire some lawyer there and take some action ?
There? in the other country you mean?
in my own country where she has processed everything before she came here
If you can, yes, that should be the first approach.
and if they first approach than can any lawyer can help my dad from here
Sorry don't understand that.
i mean to say if some lawyer took first action in positive way back home ...than my sister lives here so can any law will be affective to sue her
Unlikely, but you may be able to transfer the judgment over here to Australia and have it enforced here - that will depend upon whether Australia recognises the country or has some agreed protocol with it - I can't help specifically here because I don't know the country and it would in any event take a bit of research.
my family is from nepal
this country is between china and india
anyways thank u for your help i had no idea thats why i was asking you cause he told me to know if there is any way to find out he is hurted alot
Yes, I've been there.
Yes, a very bad situation indeed. In Australia, Australian law, transactions between family members can be regarded as gifts - you would have to be able to prove that it was a loan and not a gift.
there is proof that she used that money but we dont have any proof of written contract ..cos we dont have such system there ...in our country we lend money trusting each other in words ...for close friends , relative and family members
The reason why you can't run the case here is that the Australia court doesn't know what the Nepalese law is - it can only hear a case based on Australian law. As the contract was formed in Nepal, the law of Nepal would apply.
ok no worries
Ok, best of luck.
thank u sir
thank you for yo
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