Customer reply replied 12 years ago
OK.
At the end of Sept last year my current husband said "I don't want you going to Court without a barrister as those draconian Court Orders were put in place on 13 Mar 2009 because of incomplete nad misleading information had been put before the court. My ex husband contravened all the court orders and I had not seen my son since 15 Jan 2009.
I went to a large legal firm which supposedly deals in many specialised area of the law, did his divorce and our wills.
I did state form the outset that they must not do anything I can do myself as my husband said he would only pay $8000 all up. He did not understand that a client can't generally just go to barrister as it is the solicitor who briefs the barrister and pays the barrister out of their thrust accounts. As you know this is not just a complex (and probably once off ) type of family law case, but also others involving, defamation, tort, libel, surrogacy, international law, migration law (as the child is a dependent on my visa which could become a problem when his legal mother applies for the next passport next year), perjury, the JEO and many other inter-related aspects of specialised law.
When I approachd them, I showed the family lawyer that I had filed a contravention in the Federal Magistrates Court on 11th and 14 th Sept 2009 as I was urged to file 2 supporting affidavits. To start I only wanted direcetion as to whether the contravention was OK. The Litigation lawyer sat in on the meeting together with someone else taking notes or learning. I was there for about 3 hours telling the tale to them all together.
My intructions were for them to sight my contravention and then advise me. Thefamily law section.
I told the litigation lawyer to do the hospital first as that is really a dead cert as they have admitted liability, but I don't know how to get this through the Supreme Court. She said she would request my medical records. This was done and were to be at their offices by 29 Jan 2010.
I mentioned to them that as we were on such a tight budget, win one case and then we will hopefully have the funds to do the rest of them.
Other than the usual of the cost agreements coming out as soon as they could , I was informed that my first consultation was free. When I received my account, I found out I had been charged. He said, just reversed it then. I can't, it is up to him to do that.
He charged me $564.00 to read my contravention and then said I must retract it. I asked him what was wrong with it. He said he will put it in his own words. I asked him if I made any mistakes and he said "no". I said leave it then. That was heard on 17 Dec 2009 and the Fed Mag put an urgent order in place that I have immediate contact with the child. That was contravened as well, but I don't think the lawyer would have done any better. This lady, Fed Mag.liked me fortunately and said she would give me the permission I requested to photocopy my subpoened records. I was quick. I made an appointment and saw about 3000 pages (no exaggeration). Many of these were uncensored and that is when I saw that my current husband bagged me so badly to the hopital at 11pm on 4 May 2008 (as the stepdaughter is cloy and manipulative -she turned the whe whole family and ambulance medics on me). After the hospital spoke to him, DOCS were called at 00.30am 5 May 2008. They were then deciding on whether to admit me or not. After that wicked garbage that came out of his mouth, I was admitted at 00.40am 5 May 2008 and thrown in P1. I was nearly sick when I saw this as he is a bigger enemy than the step daughter. She ran away and is still running. This is a 'protected document', but I have plenty of copies of it here and oversaes. I asked the gentleman at the Citizens advice bureau about that and his exact words to me were "he is a bigger bastard than the last one and keep this hidden away for later use". I am doing that.
I went back to the litigation lawyer and said to her, I have all this info and don't worry about the hospital records. I gave her the ones with the dynamite in them, but to please keep quiet. I told her not to run up my account, but rather let me pay in advance as he must not know about this. I gave her an extra $700.00 on top of the other fee she charged to request the records and been paid for. The hospital refused to post me the records and sent them to her. I told her not to waste time reading them as there is a lot of useless info in them anyway. She forgot about the 29 Jan and when I reminded her, she would follow it up. I told her to just leave it. The records turned up eventually and accessed about 300 censored pages, obviously covering themselves in every way.
I phoned one day to find out if she reas what I had given her and she had left and the file sent to another lawyer. She didn't have the courtesy to tell me she was going or tell the next lawyer what the story was. He had a party with the records and was charged for him to do research and then to tell me I did not have a case. The account amounted to about $3700.00. I told the extremely aggressive partner at the firm that I was not paying for a job a specifically told them not to do.
I was then threatened with the "black mark" story. I sent them $50.00 with out prejudice. I then had the bayliff on my doorstep with a small claim dispute. I put a complaint into the Legal Services Commission. I worked it out that I had overpaid them and as I did the job myself, I am owed about $8000.00 charging at $200.00 per hour. I only submitted a resopnse to the Magistrates Court as I can't put in a counter claim. Yesterday I put a copy of my complaint into the Court for tomorrow, being the date set for mediation.
I sent them my account at an earlier stage which they haven't responded to.
Backround: When I told my husbamd that the hospital had admitted liabilty once I wrote to the Minister of Health, he requested a copy of my will from these lawyers without my knowledge. I cleared the post box. The will was addressed to me, but there wasn't a lock on the envelope. I know that is unethical conduct which I will bring up tomorrow.
I gave up ages ago with the family lawyer a one minute he aid that he would get my child back and then came with the story that he would have to read all court documents going bck to 2004 to be in a position to tell me what my chances were. I told him to leave it as I won 100% custody of my son in Dec 2007 when I had the biased family report thrown out of court. I lost 50% custody later when it before another judge (evidetally a mishap in the admin in the court) and the next judge said he did not read the file from cover to cover and forced me to hand my son over to the 50% arrangement again. This is when the little boy went hysterical and the step daughter showed no mercy and one thing led to another and through her and my current husband , lost him altogether. When I was released from the madhouse (without a written clear bill of mental health as I am entitled to under sec 123 of the Mental Act), it went before the judge who gave me 100% custody before. She was angry with me and me why I CONSENTED and asked me why the docket was taken out of her hands. I couldn't answer that without being cheeky or offensive. I lost my son on 19 May 2008 and the Mental act was lifted on 12 May 2008. There are 2 areas where the hospital messed up badly. My brother is my next of kin and I still cannot get an answer out of them as to why they didn't call him or ask me for his details. I didn't pass out on the "OD". The next bad slip is that I did not have a letter from the doctor to take to Court on 19 May 2008.
This went wondering back to court in Oct 2008 and put before yet another judge who had absolutely no idea of the backround. I saw my son for 4 hours after that (supervised of couse). Then he was on the bench for the 3 day show down in March 2009. As he thought I was mad I could not get my son even with the surrogate mother fighting with me. That was when you kindly helped me get the wording right to have him stand down. The case has been given back to the one who froced me to give up 50%. He now looks at me as if he as never seen me before and set a date for 17 Feb next year. I will put this in the next question. I am just tryng to give you the history of this to make it "easier" to answer my questions. I know it is a nightmare, but please bear with me.
Just by the way, I requested my medical records from the hospital on CD as an xperiment to see what would happen or slip out. After an extension of time etc I received over 800 pages. A bit more than the lawyers received. I'm taking this along tomorrow as well. I have applied for an External Review in Brisbane and msut tell you that they do seem to be worried as I have far too much information. The internal review dept tried to keep it with them, I but external review people told me it would delay things. They advised the internal review dept for me that I was not going to ive them another chance. They have been really good, but now very quiet now that I have shown them some of my cards. Let's wait and see.
Back to the tribunal tomorrow. I will take all my info with me. Please tell me what to expect and how I address the adudicator some advice on the subject).
Thanks Alex. Once you have the gist of this thing you won't have to keep on reading bits and pieces of it.
I hope this doesn't ruin your day!