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Ask Deborah Awyzio Your Own Question
Deborah Awyzio
Deborah Awyzio, Solicitor
Category: Australia Law
Satisfied Customers: 863
Experience:  Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience
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My name is ***** ***** and I would like to know how to gain

Customer Question

Customer: My name is ***** ***** and I would like to know how to gain an order from the supreme court to stop my caveat from lapsing. The forms I would need and the costs involved as I am not employed at this time
JA: Thanks. Can you give me any more details about your issue?
Customer: Final orders signed have not been upheld by my ex and my name on the mortgage has not been removed
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Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Evening

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.

You would start the process by way of Summons and an Affidavit in Support. It is very expensive.

Is this a matter in the Family Court and he has breached them? Did you have a right to register the caveat under Family Court orders?

Customer: replied 1 year ago.
The matter was consent orders signed by both parties but she has not abided by the orders so the caveats was placed to protect my interest. Signed 22/01/2010
Expert:  Leon replied 1 year ago.

Good Morning

If the family court did not make the order giving you a right to lodge a caveat then you are wasting your money fighting the caveat to reaming on title.

If the other party is refusing to comply with the orders then you should go back to the family court and seek to enforce them.

If you believe that they are going to do something that will affect your interests get a court order from the family court allowing you to lodge the caveat. Then they cannot do anything about it.

almost 6 years and she has not complied and you have not enforced the orders? I would go to teh Family Court and enforce them.