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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42322
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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I have been granted a Temporary DV Application and the

Customer Question

I have been granted a Temporary DV Application and the matter was adjourned for a mention. The other party and their solicitor were late; according to the Domestic Violence in Qld can the judge grant the application in their absence ?
JA: The Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: Yes, a junior lawyer was present when the judge made comment that he should have taken advantage of the situation
JA: What advice did they give you?
Customer: I asked him whether the judge could have granted the order, he said that the judge was only joking
JA: Is there anything else important you think the Lawyer should know?
Customer: I just wanted to know whether my lawyer made a mistake
JA: I can help you talk to the lawyer. Thanks for coming to JustAnswer. How can we help?
Customer: Do you know whether there was an avenue for within the legislation for it to be granted in the circumstances described ?
JA: OK. The lawyer will know what to do. Please tell me everything you can so the lawyer can help you best.
Customer: There is not much more to tell .... Just concerned that I could have had the DV granted instead of now having to pay costs to go to trial
JA: Is there anything else the lawyer should be aware of?
Customer: There are family proceedings on foot
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the lawyer about your situation and then connect you two.
Submitted: 5 months ago.
Category: Australia Law
Expert:  Leon replied 5 months ago.
Good EveningMy 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 advice but a guide to assist you.Yes it can be determined in their absence if the Magistrates believes they should. Alternatively they can adjourn and give them one more opportunity to appear. He did make a mistake. The court could have made the order if requested to do so. If the other side showed up just after the order was made they could have requested that the order be set aside and the matter go to hearing. This is assuming you were still in court when they arrived. The court would have granted their application. 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. RegardsLeon
Customer: replied 5 months ago.
Customer: replied 5 months ago.
What do I do if he has made a mistake ?
Customer: replied 5 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Leon replied 5 months ago.
Good EveningYou can sue him for negligence but you have to show that you have suffered some financial loss. I would suspect that you would have difficulty showing the loss. Because the person that the order was made against would have no problem having it set aside sue to their not being there. This is a simple case of denial of natural justice. It is not something that I would suggest you proceed with but it is open to you.

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