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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42973
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Today 3rd July 2015 at 4:37 I send a request

Customer Question

today 3rd July 2015 at 4:37 I send a request for legal advice, but see nothing back to me , perhaps I have not completed the payment part right, not being that good with computers. graham hills.***@******.***
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.
Good Morning,
My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.
I have read your question and I have provided you with the following answer.
The Family Court deals with a property split. If the court had made orders that nothing be done with the assets and then your ex dissolved the partnership she is in breach but the funds that she has received from the sale of the tools has to be quarantined and held in trust for both of the parties.
Further you as the other partner should have been notified of the Supreme Court action and defended it.
Te Family Court would have taken action against her in the split taking into account the negatives and how they impacted on your from the Supreme Court Action.
If she took the money and spent it, the Family Court would have adjusted any split taking that into account.
There is no precedent of one court over the other. If you were in the Family Court when she filed the Supreme court action you could have asked the Supreme Court to Stay the action as it was part of the Family Court proceedings and if the court accepted the argument they would have stopped it until the family law action had finished.
I cannot tell you more than this.
I hope this makes sense and is of assistance. If there is nothing further
thank you for using my services.
If I have missed anything, or you have any further questions please let me know
If there is anything else in the future please do not hesitate to ask.
Please do not forget to leave positive feedback.
Regards
Leon
Read more: http://www.justanswer.com/australian-law/96e4j-ref-family-court-wa-case-3108-10-appeal-wa-10-2013.html#ixzz3erky6qUp