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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 fiance - de facto husband died last year. s 85yr old

Customer Question

My name is Helen ******-******, my fiance - de facto husband died last year. His 85yr old parents are fighting me for his Superannuation. I am winning but it has had a dreadful effect on my health (diabetes and Pakinsons. The fact that their Lawyer stated the fact that I was alone with Christian when he died was INCENDIARY AND POINTLESS has been the most upsetting thing said throughout this crazy case. This is not his clients 'speak'. What can I do when this case is over.
JA: Since laws vary from place to place, what state is this in?
Customer: I am in Cairns and represented by Turner Freeman and he is Montgomery Solicitors in Atherton QLD
JA: Have you talked to a lawyer yet?
Customer: Yes, ******* from Turner Freeman is aware of this.
JA: What advice did they give you?
Customer: I have not asked her as I did not know if this is acceptable behavior or not
JA: Anything else you think the lawyer should know?
Customer: Apart from the fact that this Lawyer has taken the case to to the SCT with no supporting evidence, just lies from the ****** family and must be an idiot or taking advantage of his clients (who cares), I do not think so I just think he is immoral.
Submitted: 4 months ago.
Category: Australia Law
Expert:  Leon replied 4 months 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.

How long were you together?

Customer: replied 4 months ago.
We were together for 8 years and there is not a problem there as I have so much supporting evidence. What I would like to know is whether the Lawyer broke a code of ethics by writing such a dreadful thing.
Expert:  Leon replied 4 months ago.

Good Morning,

Did you live together? Do you have anyone that can confirm the relationship, friends etc?

Your lawyer breached the code of ethics?

Customer: replied 4 months ago.
We have established and I have been accepted by the Super Fund as 100% in my favor. All I want to know is if their Lawyer broke an ethics rule regarding his statement.
Customer: replied 4 months ago.
I asked a question regarding Lawyer ethics. I have already spent $10,000 to my Lawyer. I gave you enough information regarding my case and just wanted a yes or no answer regarding Lawyer ethics, this had better not have cost me more than the $5- deposit that I would like returned or you will hear from my REAL Lawyer. Helen no stars for you.
Expert:  Leon replied 4 months ago.

Good Afternoon,

If their statement was false, and the Solicitors have signed the application with the statement you can report them.

If the application was prepared for their clients and the clients signed the statement then the lawyers are not the applicants and have relied on their clients to tell the truth.

A Solicitor cannot be liable for the lies of a client unless they know they are lies and they continue to mislead the tribunal.

I hope this makes sense and is of assistance.

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