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Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5052
Experience:  Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
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I am in a legal dispute with the landlord. The landlord has

Customer Question

I am in a legal dispute with the landlord. The landlord has real estate agent who never replies in time. The land lord has a solicitor who is representing her in VCAT. Am I allowed to forward a copy of my communication directly to the landlord's email address?
Is there any law which prevents me doing that?
Submitted: 1 year ago.
Category: Australia Law
Expert:  Daniel replied 1 year ago.

Hello
I would suggest sending it directly to the solicitor, as they have carriage of the matter now.

Secondly, each time the solicitor works on the matter, they will charge the landlord in any event, thus they would perhaps be more inclined to settle.

Customer: replied 1 year ago.
Can you please quote any law /ruling/act which is binding.I prefer to send a copy of the communication to the landlord. Is there any law which prevents me from doing this? Please provide references.
Expert:  Daniel replied 1 year ago.

They are their legal representatives.
All correspondence will be and should be sent to them.

The Legal profession act outlines what a solicitor can and cant do.
http://www.legislation.vic.gov.au/Domino/Web_Notes/LDMS/LTObject_Store/LTObjSt2.nsf/DDE300B846EED9C7CA257616000A3571/8E2F606B8F6FAB8CCA2577610024A34B/$FILE/04-99a033.pdf
You are at liberty to send correspondence to the landlord directly, there is nothing stopping that, however I would advise to send it to the solicitor.

Customer: replied 1 year ago.
I am not a solicitor.The landlord's solicitor is threatening me " you must stop contacting our client directly. You have chosen to be self-represented and our client is legally represented. As the mediator said to you on 8th October 2015, you have no reason to contact the landlord".
The real estate agent does not receive the emails.
What coudl be the leagl action against me if i do not stop sending a copy of the emails to the landlord.
Expert:  Daniel replied 1 year ago.

Hello
There is no real legal action they can make against you.
I understand you are not a solicitor.
The questioned raised though must be, why do you want to send correspondence to the landlord and not the solicitor?

Customer: replied 1 year ago.
I want to send the correspondence the solicitor and cc ( copy to ) the Landlord. However, the correspondence is addressed in the solicitor's name.Is it not acceptable or what would illegal or against the law in doing this?
Expert:  Daniel replied 1 year ago.

There is nothing illegal.
The solicitor has a duty however of providing the correspondence to the landlord in any event.
The court however would look dimly to you however if you have been requested to send all correspondence to the solicitor and you chose to ignore it.

Customer: replied 1 year ago.
Why would the court look dimly to me when I am sending a copy of the communication to the landlord?Any references of this happening in the past?
Expert:  Daniel replied 1 year ago.

As it is annoying.

A request was made and you chose to ignore it.
it will be seen as belligerent.

Customer: replied 1 year ago.
I want to speed the process of communication and send the communications to the solicitor and send a copy to the landlord at the same time.Moreover, I have to contact the landlord regarding various issues which are not being heard in the court.
Do you have any references of the court where an unrepresented party sends a copy of the correspondence to the other party which was sent to their solicitor even if the party does not want to communicate and the court regarded it as belligerent.
What would be the consequences if the court regards ***** ***** belligerent ?
Expert:  Daniel replied 1 year ago.

Not on hand no. But in court processes, it is counter productive.

If there are unrelated issues, then by all means discuss with the landlord.
It will not speed up time at all, it is more forthwith to send it to the solicitor, as they are dealing with the legal matter.

Expert:  Daniel replied 1 year ago.

Hello
Please leave feedback and click on the 'accept button.
I am able to answer further questions if need be.