Australia Law

Have Australian Law Questions? Ask a Lawyer Now.

Ask a Lawyer,
Get an Answer ASAP!

Australia Law
This answer was rated:

How realistic is it to self represent?In a nutshell this

How realistic is it to...
How realistic is it to self represent?

In a nutshell this is my situation. My ex partner and I over capitalised on a property. To make matters worse, when we split she took $115k from joint account. I'm in the house, but I'm about $350k down after a 10 month relationship.

My ex purchased a house and car (and paid some debt) with the $115k.

Long story short my solicitor has told me that it's difficult to tell outcome of case if it goes to Final Hearing.(there are lots of factors - too many o mention here) It would cost $30-50k to get to end of action, and I might get 60k (or I might get nothing, or I might get more) my ex has 3 kids of her own. I have one from my late wife.

After mounting legal costs I decided to self represent. I successfully received an interim hearing where I was granted a partial property settlement (house and debt into my name). Final hearing is late Aug. My open offer is for my ex to pay me $65k, which my solicitor calculated based on percent of assets pre and post relationship. My ex offered a limited time offer of $30k (basically her legal fees) which I turned down. In an effort to avoid final hearing I've last week offered $45k which she rejected and opened the $30k offer again.

The amount isn't anywhere near enough, or just.

But is it realistic that I can run what I'm told is likely to be a 2 or 3 day hearing, against a barrister, and hope a judge will see my side.

I've heard self represented means you have a fool for a solicitor. Possibly true! I'm no fool, but the whole process is definitely taking a toll on me. I'm not looking forward to the prospect of the final hearing and days of arguing and legal shit.
Show More
Show Less
Ask Your Own Australia Law Question
Answered in 12 hours by:
6/22/2013
Wendy-Mod
Category: Australia Law
Satisfied Customers: 10
Experience: Category Moderator at JustAnswer
Verified
Hello,

I'm Wendy, and I’m a moderator for this topic.

We have been working with the professionals to try to help you with your question. Sometimes it may take a bit of time to find the right fit.

I was checking to see if you had already found your answer or if you still needing assistance from one of the professionals.

Please let me know if you wish to continue waiting or if you would like for us to close your question.

Also remember that JustAnswer has a multitude of categories to help you with all your needs from Health, Pets, Computers, Cars, Finance, Tax, to Home Improvement, and more.

Thank you,
Wendy
Ask Your Own Australia Law Question
Customer reply replied 4 years ago
Thanks Wendy,

I'll keep waiting.
Thanks
Thank you, XXXXX XXXXX continue to look for a professional to assist you. Please let me know if I can be of any further assistance while you wait.

Best,
Wendy
Ask Your Own Australia Law Question
Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5,852
Experience: Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
Verified

Hello

 

With respect, I have seen barristers take a pounding in court by self represented people.

 

I have also seen solicitors who are parties in matters, seek representation by a solicitor and barrister and get beaten.

 

Your offer is reasonable. I would strongly push for that offer, send it over to them again and have that annexed to the court papers so they know that she is being unreasonable.

 

Use that is leverage in court. Say 'she did not accept this offer, this is the only reason why we were in court today.' It puts the judge on notice and looks to the other side to settle.

There are some lawyers who charge so much money to clients, her fees will be so significant, that the offer plus the fear of legal fees, she should settle.

 

You will be ok.

 

Please accept.

Ask Your Own Australia Law Question
Customer reply replied 4 years ago
Thanks Daniel,
I'm a little confused by your last comment "pease accept"

I'm also concerned that she is taking a "I'd rather give all my money to the solicitors than to him" attitude.

If she keeps running up legal bills she may have little or no money left for judge to order to me.

If, at end of day, judge orders she pay me approx 30k, because that's all she has, she will make an application for costs as I'd have refused that offer for settlement. Is that likely to succeed?

That's for considering my question. I get that it's general advise, I treat it as just one more factor to consider, so appreciate your frankness.
Please accept, means simply to 'click accept' to my answer.

Her attitude will get her nowhere in court.

If she is being unreasonable, the court will pick up on that asap and she will be penalized.

An application for costs is most likely for wasting time and money.

Please accept.
Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5,852
Experience: Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court
Verified
Daniel and 87 other Australia Law Specialists are ready to help you
Ask your own question now
Ask Daniel Your Own Question
Daniel
Daniel
Daniel, Solicitor
Category: Australia Law
Satisfied Customers: 5,852
5,852 Satisfied Customers
Experience: Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

Daniel is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Deborah Awyzio

Deborah Awyzio

Solicitor

863 satisfied customers

Bachelor of Laws (QUT), BIT (QUT), Family Law Accredited Specialist, over 12 years experience

Sean

Sean

Experienced lawyer

855 satisfied customers

Law degree with 1st class honours from Australian National University.

James G.

James G.

Lawyer

17 satisfied customers

Australian Legal Practitioner

Darren Kruse

Darren Kruse

Solicitor

16 satisfied customers

Practising in in Personal Injury, Workcover, Civil Disputes, Family, Wills and Estates and Criminal law.

Leon

Leon

Solicitor

26,412 satisfied customers

BEc Dip Ed, Dip Law (SAB) MTax (UNSW)

Daniel

Daniel

Solicitor

5,852 satisfied customers

Bachelor of Laws (dist) Graduate Diploma in Legal Practise. Admitted NSW Supreme Court / High Court

James D. Ford

James D. Ford

Solicitor

1,600 satisfied customers

Consulting Principal at Nexus Law Group

< Previous | Next >

Related Australia Law Questions
Currently I am working with consulting company and deputed
HI,Currently I am working with consulting company and deputed in client place, working for client more then 7 year from consulting company. Based on my interest applied job position on client career p… read more
John Melis
John Melis
Diploma In Law
1,273 satisfied customers
My son of 38 years had an operation in 2016 and we have some
Hello. My son of 38 years had an operation in 2016 and we have some issues of relating to that surgery which has left him wth injuries. Because of the injuries he has a parralized leg from the knee do… read more
John Melis
John Melis
Diploma In Law
1,273 satisfied customers
Leon, It is Rhonda Grant here again. I have spoken to you
Hi Leon, It is Rhonda Grant here again. I have spoken to you about family law matter and Supreme Court matter regarding a registered mortgage that I own. I would like to talk to you again. It will pro… read more
Leon
Leon
Solicitor
Master's Degree
26,412 satisfied customers
I got stopped in late December 2017 for expired rego
I got stopped in late December 2017 for expired rego (expired 3 Dec 17) and got 2 tickets for over $1200 no rego and no insurance. My rego expired 2 weeks before. I got no renewal docs as had moved mi… read more
John Melis
John Melis
Diploma In Law
1,273 satisfied customers
After being employed with my company since 1997, I signed a
After being employed with my company since 1997, I signed a 12 month contract in February 2013 for a specialist supervisor position. After nearly five years in the position, I have been advised they w… read more
John Melis
John Melis
Diploma In Law
1,273 satisfied customers
Ordered on line from taking shape 4 items 1 only fitted.
ordered on line from taking shape 4 items 1 only fitted. telephoned them and they refuse refund on 2 items as they were clearance items hard to order when you have to wait for delivery to try on Teres… read more
John Melis
John Melis
Diploma In Law
1,273 satisfied customers
Can a deed poll be assigned to soemone else? New south
can a deed poll be assigned to soemone else? JA: What state are you in? It matters because laws vary by location. Customer: new south wales JA: Has anything been filed or reported? Customer: no JA: An… read more
John Melis
John Melis
Diploma In Law
1,273 satisfied customers
Dear Pearl, I live in Gumdale on acreage and there are 18
I live in Gumdale on acreage and there are 18 large trees on the fence boundary that are 11 metres from the main housed 5 metres from our granny flat.In 2 storms over the last 8 years, several trees have come down fortunately not hitting the house .Insurance claims were lodged for fence and tennis court damage. … read more
John Melis
John Melis
Diploma In Law
1,273 satisfied customers
Asking about buying out a business partner. Western
its a 50/50 partnership with no formal written agreement. We have put more into the business i.e machinery, reduced rent on workshop..........we want to retain the business… read more
John Melis
John Melis
Diploma In Law
1,273 satisfied customers
How do you know if your parents will needs to go tp probate.
how do you know if your parents will needs to go tp probate … read more
John Melis
John Melis
Diploma In Law
1,273 satisfied customers
Tina. I've just been contacted by someone whose 3 yo
I've just been contacted by someone whose 3 yo daughter was bitten on the face by a friend of the families dog. He wants to know legally where he stands. I've advised that he will need to contact the relevant local govt council but does he have a case for In queensland … read more
Leon
Leon
Solicitor
Master's Degree
26,412 satisfied customers
I have recently had the MSN installed at my home. I don't
I have recently had the MSN installed at my home. I don't consider that I was made FULLY aware of the charges that would be added to the NORMAL costs if I had a 'back to the base alarm system here !' … read more
John Melis
John Melis
Diploma In Law
1,273 satisfied customers
I was refinancing my home loan with the CBA bank. My name on
I was refinancing my home loan with the CBA bank. My name on the old home loan was maintained by the bank with middle name, not my choice? My name never caries middle name (birth certificate) . The ba… read more
John Melis
John Melis
Diploma In Law
1,273 satisfied customers
How do l find mediation date matter mlc5806/17. How do l
How do l find mediation date matter mlc5806/17 JA: What state are you in? It matters because laws vary by location. Customer: How do l find mediation date mlc5806/17 JA: Has anything been filed or rep… read more
Daniel
Daniel
Solicitor
5,852 satisfied customers
MY MOTOR VEHICLE RECENTLY BLEW A HOSE WHICH CONNECTED THE
MY MOTOR VEHICLE RECENTLY BLEW A HOSE WHICH CONNECTED THE OIL COOLER TO THE OIL PUMP I HAD IT REPAIRED AT THE NEAREST MECHANIC AND HE TOLD ME T6HAT IT SHOULD HAVE BEEN A RECALL TO REPLACE THE HOSES. I… read more
John Melis
John Melis
Diploma In Law
1,273 satisfied customers
I have an issue with water damage and insufficient drainage
I have an issue with water damage and insufficient drainage at our home, which my brother and I purchased in May 2017. The property was completed in March 2016 … read more
John Melis
John Melis
Diploma In Law
1,273 satisfied customers
I have 2 issues. The first is that I have been sent an
I have 2 issues. The first is that I have been sent an infringement notice for driving the wrong side of a divided road. This sounds bad but the context was a small fire on the outskirts of Hamilton t… read more
John Melis
John Melis
Diploma In Law
1,273 satisfied customers
POLICE UNIT STOLE MY LICENCE DURING ROAD SIDE STOP, THEN
POLICE UNIT STOLE MY LICENCE DURING ROAD SIDE STOP, THEN PROCEEDED TO USE OUT OF DATE FORKLIFT LICENCE TO ISSUE TWO INFRINGMENTS, uNIT NEVER CONFIRMED IDENTITY OF MY PASSANGER. PASSANGER WITNESSED UNI… read more
John Melis
John Melis
Diploma In Law
1,273 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x