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Answered in 3 hours by:
12/9/2011
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5,422
Experience: Dip Law LPAB - Sydney based lawyer
VerifiedWhether any particular amount is 'acceptable' or not will be a matter for argument. If your lawyer thought they had a reasonable justification for the first $20,000 or that it happened some time ago he may have considered that there was nothing you would be able to do about it, whereas the sudden and recent withdrawal of $35,000 may not have been well justified and your lawyer likely felt the court would not simply accept this amount as having been withdrawn and expended on a genuine basis.
As to the lawyer's letter asserting an $87,000 liability for CGT if the property was sold, this may still be a valid consideration for the court since it is a liability that attaches to the property and will have to be paid at some point. The fact it was not substantiated by documentation proving the purchase price and likely value, is of no consequence for mediation (or conciliation) purposes, as formal evidence in support of such issues is usually not forthcoming unless the matter goes before the court (at which time such documentation will presumably be produced).
I trust the above assists your understanding.
Good luck and please click accept.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5,422
Experience: Dip Law LPAB - Sydney based lawyer
VerifiedPatrick H. and 87 other Australia Law Specialists are ready to help you
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