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Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 42631
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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A girl on a partner visa is recently separated from her

Customer Question

A young girl on a partner visa is recently separated from her defacto. In retaliation to her seeking a restraining order against him ge us contacted ANZ bank and denied authorising purchases from her PayPal account fir at least one year, which have now been returned to him via PayPal and they are seeking reimbursement from her. She had no bank account , no additional cardholder accounts and she did all their banking.
What can she do ?
Submitted: 6 months ago.
Category: Australia Law
Expert:  Leon replied 6 months ago.

Good Afternoon

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.

They have to sue her for the money. If she has no money there is nothing they can do even if they get a judgement against her.

She is going to have to try and find work to live.

She cannot force her ex to pay for anything he is not liable. I also suspect he has told immigration that the relationship is over and she is only here because of the violence.

She may be deported if she does not seek to have a permanent visa fast tracked.

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

Customer: replied 6 months ago.
Leon,
They have children together, we are walking this path, but I am not sure you understand. He made purchases through his account via her PayPal as she did via his instructions, surely he is being fraudulent in claiming money back from purchases he authorised a year ago for himself whilst she was his defacto. Is his phone ? His children's clothing etc... She has notified immigration, what he is trying to do is have her deported so he can have the kids.
There must be a financial legal precedence for him authorising his partner to purchase things from a year ago. They only separated last week.
Expert:  Leon replied 6 months ago.

Good Afternoon,

You failed to mention anything about children at the beginning. What I have said about her Visa is correct, and if he withdraws his support with the Department, they will work on deporting her.

She can make an urgent application with the Family Court of Australia For Spousal Maintenance and also to the Department of human resources, for child support for the children.

Because of the violence she can fast track her permanent visa and she will be allowed to stay. The violence, provided there is evidence, will assist her in obtaining permanent residency.

He has somehow manipulated PayPal to refund his money and they now wish her to pay it back. If she believes that he has committed fraud then it is a matter that she needs to report to PayPal, and also to the police.

If she feels the relationship is over, what I have stated above is what she needs to do. As she does not have a job she may be entitled to get some assistance from legal aid and she should also consider seeking orders that the children remain with her.

I hope this makes sense and is of assistance

Customer: replied 6 months ago.
thank you we are doing this and I thought it was a matter for the police just not sure. She has been to Centrelink and cannot get any help until immigration is sorted. he tried to have her institutionalised, but police were concerned that he kicked her out without any money, a car and refused her access to children. They noted domestic violence. Now this, she was notified by PayPal that she now owed xxx amount. She has advised them of the situation. How can we prove he is bring fraudulent with ANZ ? They have refunded monies to his account ? I thought when fraud was involved he had to provide evidence of each and every transaction that he did not purchase it ? She has appointment with centre are migration lawyers on Monday night, family law court duty lawyer has advised her to wait until he places custody orders to save her costs as at the moment until she has residency she cannot get help, we think this is why he has done this with the bank, to try to circumvent her residency status, she has been here five years. That's why I am wondering what we need to do to prove her innocence and his fraudulence.
119 Dexter Chase
Customer: replied 6 months ago.
Leon,
Spousal maintenance ??
Are you an Australian lawyer ?
Expert:  Leon replied 6 months ago.

I am an australian lawyer

They may not be married but she is his spouse and they have children together.

A defect spouse is the same as a married spouse.

Her visa has to become permanent before she has any entitlements.

She has to draft a statutory declaration and also provide evidence that he said he would support her.