Australia Law

Have Australian Law Questions? Ask a Lawyer Now.

Ask a Lawyer,
Get an Answer ASAP!

Australia Law
This answer was rated:

Dear Sir/Madam,RE: Property Settlement (Final Parenting orders

Dear Sir/Madam, RE: Property Settlement (Final...
Dear Sir/Madam,
RE: Property Settlement (Final Parenting orders already made Nov 2012)
After Filing and serving documents, there was an initial hearing in the Family Court of WA (FCWA) on 5 June 2013. Orders were made to provide each other financial documents and evidence, and go to conciliation on 30 July 2013 before a Registrar.
The Applicants request for Orders are as follows:
1. Any interest that the wife has in and to any of the following do vest in the husband absolutely: a) the husbands superannuation entitlements; b) any money standing to the credit of the husband in any bank or financial inst; c) any motor vehicle in the name, possession or control of the husband; d) the furniture, chattels and personal possessions in the possession of the husband.
2. The opposite of the above for the wifes possessions.
3. Each party shall be solely liable for and shall indemnify the other in respect of any debt, tax, liability or encumbrance in respect of any item of property that they shall retain as a result of these orders or as otherwise in their name as at the date of this application.
4. The application otherwise be dismissed and the wife pay the husbands costs of and incidental to this application.

I originally wanted to have the following Orders:
1. Any interest that the wife has in and of the following do vest in the husband absolutely: a) any money standing to the credit of husband in any bank or financial isnt; b) any motor vehicle in the name of husband; c) the furniture, chattels and personal possessions in the possession of husband;
2. The opposite of above for wife.
3. Same as number three of husbands applicaiton
4. Each party will pay their own costs of and incidental to this application.
5. Each parties Superannuation entitlements are to be pooled and split 50/50%.
6. Husband will pay a cash sum of $5000.00, CPI adjusted, to wife each anniversary of these orders being the future needs element of caring for child, particularly for incidental expenses relating to the care of child. This will continue until child is 18 years old.
7. In the event that any type of expense for child arises, including but not limited to medical and dental expenses, that exceeds $300 per invoice, the working parent shall pay 80% of the total bill. If circumstances change and both parents have a secular income, payment will be made percentage wise according to each parents gross income to a maximum of 50/50%.
8. All education expenses for child shall be paid 50/50% by the parents, including but not limited to: XXXXX XXXXX excursions, uniforms, footwear, bags, hats, text books and stationary.
9. The application otherwise be dismissed.

I had no legal assistance as I can't afford a private lawyer and Legal Aid do not assist property settlement matters. The FCWA gave permission to re-File another Affidavit and FORM 1A.

After the hearing I wanted to have these orders in my ammended FORM 1A:
same as my original except paragraphs 6,7 and 8 crossed out;
paragraph 5 saying split 60/40% with me getting 60%;
adding the following 3 paras :
10 )ParagraphXXXXXOrders dated 12 Nov 2012 discharged.
11) handovers shall take place inside mcdonalds restaurant located lotXXXXXin forrestfield, or such other venue located midway between the parents residences as agreed between the parents in writing.
12) all orders made 5 jun 2013 dismissed.

But I didn't file the ammended FORM 1A & affidavit because, I know the applicant will not consent to splitting the superannuation, even at a conciliation. And I DO NOT want to be humiliated/made to look the bad one/and a fool at another TRIAL, so I sent 3 letters to the applicants lawyer requesting the applicant consent to:
1) paras 1,2&3 of his orders;
2) paras 4&9 of my orders;
and paras 10,11&12 that I listed above re: handover location etc.

I will send more in another response, not enough room here.
Regards,
Ellena
Show More
Show Less
Ask Your Own Australia Law Question
Answered in 12 hours by:
7/26/2013
Fran-mod
Category: Australia Law
Satisfied Customers: 48
Verified
I'm Fran, 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, Law, to Home Improvement, and more.
Ask Your Own Australia Law Question
Customer reply replied 4 years ago


Dear Fran,


I still require assistance from one of your family law professionals please. I haven't had any assistance yet with this question. I wasn't able to give more information (as noted in my first question) until I get a response from a lawyer - like your response now. That is how this online system works.


Please arrange for an experienced family lawyer from Australia to assist me with my question. Thank you kindly.


Thank you. We will continue to look for a professional to assist you. Please let me know if I can be of any further assistance while you wait.
Ask Your Own Australia Law Question
Customer reply replied 4 years ago

Further to my initial question:

The applicants solicitor sent me a letter in response that states:

"Understandably you have removed the child support issues which cannot be before this Court in any event.

I am awaiting my client’s detailed instructions. However, I note that you have sought to make a change to the issues to do with Lovena.

There is no Application before the Court dealing with Lovena, and I do not think that the Court can competently make any Orders in relation to Lovena, as that case has been settled by the decision of Her Honour Justice Duncanson.

In those circumstances, I have advised my client that is not a matter that can be properly considered at this time."

 

Then I receive the following letter from them also:

"I refer to the above matter. I enclose herewith the Minute of Consent Orders relating to the applications that are currently before the Court which only relate to property.

As I previously advised you, I am no longer instructed in relation to any issues to do with your daughter and the Family Court process is only currently dealing with property matters and therefore has no jurisdiction to make any Orders in relation to Lovena.

Accordingly, the enclosed Minute of Consent Orders represents the only agreement that can be made in the Family Court at this point in time.

I would be grateful if you would sign the enclosed Minute and return it to me so that I may have my client sign it and then I will file it at the Family Court.

This will then conclude the proceedings that are currently before you.

I reiterate that I am not instructed in relation to any issues to do with Lovena and will not respond or communicate with you in respect of that aspect of your life."

 

The Minute Of Consent Orders attached with the above letter from the Solicitor is paragraphs 1, 2 & 3 of his orders; and paragraphs 4 & 9 of my orders.

 

MY QUESTION:

Is the Solicitor correct in what he is saying regarding the handover location not being able to be settled by consent? Or is this another threat to get me to do what he wants?

 

To me, if two parties consent to something (a change to current Court Orders), then it can be done by consent. I don't understand what the other parties solicitor is doing.

 

Can you please advise me what I should do in the current circumstances?

 

I also ask: How do I get the other party to consent to a change of handover location? I have asked about 8 times since orders were made in November 2012. He refuses. I just want a fair location for handovers to be done at, rather than totally in his favour. (40 mins from my place, 2 mins from his work and 7 mins from his home) How do I word a letter to him to change the handover to a location midway between the parents residences?

 

Thanks in advance.

Wendy-Mod
Category: Australia Law
Satisfied Customers: 10
Experience: Category Moderator at JustAnswer
Verified
Thank you for the additional information. We will continue our search for a professional to help you.

Regards,
Wendy
Ask Your Own Australia Law Question
Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5,422
Experience: Dip Law LPAB - Sydney based lawyer
Verified
The application before the court is one for property orders. The court therefore can only properly make orders in relation to the division of property. It cannot properly make orders in relation to parenting issues (including orders as to the location for exchange of children), and nor can it make order disposing of or defining child support obligations, which are specifically set out in child support legislation - you can find out more about child support entitlements/obligations here:

http://www.humanservices.gov.au/customer/information/child-support-website

To that extent your ex's lawyer is merely pointing out the legal reality that such issues cannot properly be included in consent orders, since the court is not able to make orders regarding such matters in the context of the current application.

Whether you should agree to the orders proposed, however, depend on a detailed assessment of your likely entitlement to a share of any assets of either you or your ex. Only a fully briefed lawyer can give you a firm view on that, however, under the Family Law Act, upon the breakdown of a marriage, or a de facto relationship of more than two years (or less if a child is involved), the parties are entitled to a 'fair' share of all assets (including superannuation and inherited assets) having regard to:

1. their financial and non financial contributions, and
2. taking into account any special circumstances, such as where one parent will have the dominant care obligations for a child, or where one party has serious health problems impacting on their ability to support themselves.

If the relationship assets available for distribution are modest and you will be the primary care giver to a young child, then you may be entitled to a very significant proportion of the relationship asset pool as the court gives very great weight to the care of a child and where the available asset pool is modest (only a few hundred thousand dollars), the adjustment for this issue may well entitle you to well over half the asset pool, even if you were not the primary contributor to the asset pool).

Because assessing your entitlement requires a detailed understanding of both your family history and you and your ex's available assets and income situation, only a fully briefed lawyer can give you a firm answer as to your actual entitlement and whether or not the division of assets proposed in the consent orders are appropriate, but the above should give you some sense of whether or not the proposed settlement is appropriate.

You have said you cannot afford to engage a lawyer, however, if there are substantial assets involved, then even if you do not presently have access to them, you may well be able to find a lawyer willing to work for you on the basis that fees will be deferred until such time as you receive a settlement. Many family lawyers work on this basis because it is very often the case that one party to a broken marriage will be unable to access any of the funds even where there are substantial assets available.

With this in mind, and especially if the preceding indicates to you that the proposed settlement you have been offered does not reflect your legal entitlement, I would strongly recommend you reconsider engaging a lawyer to represent you in negotiations. Although it may be expensive, in the long run, the cost of a lawyer may very well be far exceeded by the improvement in your final settlement, which will be to the advantage of both you and your ability to provide for your child. Obviously to find a lawyer willing to work on a deferred payment basis you may need to shop around.

I trust the above assists.

Please rate my answer so I can be paid by the website operator.

Please note I am only paid if you rate me with three or more stars/smileys.

Thank you and good luck.

Patrick
Ask Your Own Australia Law Question
Customer reply replied 4 years ago

Thank you for your response.


We are attending Conciliation tomorrow. Can I bring a person along with me that is not a solicitor? Will he be bringing his solicitor along?

Strictly speaking only the parties and their legal representatives should attend, however, it is usually the case that if you ask for permission to bring another person that the other side will consent.

I also note you have not previously rated my answer and as a result I have not yet been paid for my previous answer to you. Accordingly, could you please rate my answer now so that I can be paid by the website operator.

Please note I am only paid if you rate me with three or more stars/smileys.

Thank you and good luck.

Patrick
Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5,422
Experience: Dip Law LPAB - Sydney based lawyer
Verified
Patrick H. and 87 other Australia Law Specialists are ready to help you
Ask your own question now
Ask Patrick H. Your Own Question
Patrick H.
Patrick H.
Patrick H., Lawyer
Category: Australia Law
Satisfied Customers: 5,422
5,422 Satisfied Customers
Experience: Dip Law LPAB - Sydney based lawyer

Patrick H. 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.

Daniel

Daniel

Solicitor

5,800 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

John Melis

John Melis

629 satisfied customers

Principal Lawyer at Legal AU Pty Ltd

< Previous | Next >

Related Australia Law Questions
My 17 year old daughter is on a lease with a couple who is
My 17 year old daughter is on a lease with a couple who is renting. Initially she moved in with them and rented a room while she is at university. She comes home over the school holidays. The landlord… read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
I live in complex runs by body corporate committee. I feel
Hi, I live in complex runs by body corporate committee. I feel my privacy has been breached by the committee by using my private email without my consent. I never gave them my private email address an… read more
Daniel
Daniel
Solicitor
Bachelor's Degree / Graduate Diploma
5,800 satisfied customers
I sent a message to you about an hour ago re my son
I sent a message to you about an hour ago re my son purchasing a truck and found out later the truck had a rusty chasis. I tried to pay $5 fee on Visa but message came back 'couldn't accept'. Can I so… read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
This is a question I enrolled the Australian College of
Hi this is a long question I enrolled the Australian College of massage to study my diploma in remedial massage. the college was then sold to evolve college and the government then changed the rules o… read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
I HAVE BEEN IN BUSINESS FOR PAST 27YRS WITH MY BROTHER ,I'AM
HI I HAVE BEEN IN BUSINESS FOR PAST 27YRS WITH MY BROTHER ,I'AM WISHING TO LEAVE ,I HAVE 50% OWNERSHIP.I WAS JUST WONDERING WHAT TO DO .MY BROTHER HAS KNOW INTEREST IN PURCHASING MY HALF,WHAT OPTIONS … read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
Mynmother has been in aged care for 4 years and last week
Mynmother has been in aged care for 4 years and last week after receiving the monthly account I noticed 2 lots of extra service payments (totalling approx $1000 ) so I queried the account with the rec… read more
Leon
Leon
Solicitor and Notary
Master\u0027s Degree
18,922 satisfied customers
I bought a car for my son 5 months ago it is a brand new
Hi Pearl, I bought a car for my son 5 months ago it is a brand new $40,000 car. He lives in Adelaide and in that time he has had it impounded for hoon driving, been caught 45kph over the speed limit a… read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
I have a son who was abused by the Queensland Police Service
I have a son who was abused by the Queensland Police Service at Southport he sustained brain damage due to the assault who would be the best legal help for my son we are not able to pay up front and t… read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
I have had three incidences now where a 3rd party
Hello, I have had three incidences now where a 3rd party organisation has subscribed me to programs which I have never requested. They have done this through SMS to my Telstra 4G modem which has no ca… read more
Leon
Leon
Solicitor and Notary
Master\u0027s Degree
18,922 satisfied customers
I had worked for a large school as a caterer for 15 years
I had worked for a large school as a caterer for 15 years and then told that they were putting the position out to tender, even though over the years i had become a respected and important part of the… read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
My son (21) went online to apply for a NIMBLE loan about 8
My son (21) went online to apply for a NIMBLE loan about 8 months ago. He put in all his details but at the end did not press the accept button because he saw the high interest rates. … read more
Leon
Leon
Solicitor and Notary
Master\u0027s Degree
18,922 satisfied customers
I want to remove an old car and other rubbish from my
i want to remove an old car and other rubbish from my property wich my daughgter and owns half of the house to let people leave thier stuff but they wont remove it … read more
Leon
Leon
Solicitor and Notary
Master\u0027s Degree
18,922 satisfied customers
I want to deliver services under a discretionary trust. I
I want to deliver services under a discretionary trust. I will personally be the trustee and a beneficiary. Can the trust hold professional indemnity insurance and public liability insurance? If the t… read more
John Melis
John Melis
Diploma In Law
629 satisfied customers
My son has just been told by his former employer that on
Hello. My son has just been told by his former employer that on Monday they paid his reduncany entitlewment into his bank. The amount is not of today in his account. He is subject to child support pay… read more
Leon
Leon
Solicitor and Notary
Master\u0027s Degree
18,922 satisfied customers
My old company car from my previous employer has accrued
My old company car from my previous employer has accrued some unpaid toll notices from toll roads. The new employee was using toll roads without an etag and the toll notices are being sent to me as I … read more
Leon
Leon
Solicitor and Notary
Master\u0027s Degree
18,922 satisfied customers
I have had what was broadband and a phone which cost me
I have had what was broadband and a phone which cost me around $100 to $110 per month. I had the NBN installed with the a phone that does not work with a power failure and I have been billed $260 … read more
Leon
Leon
Solicitor and Notary
Master\u0027s Degree
18,922 satisfied customers
We bought second hand caravan from arv dealers Eden for
We bought second hand caravan from arv dealers Eden for $17,500. We were told the van was fully checked out everything was working well, and it did come with warranty. Just got back from our first tri… read more
Leon
Leon
Solicitor and Notary
Master\u0027s Degree
18,922 satisfied customers
Seeing ifi can get service .been there 11yrs but had a break
seeing ifi can get long service .been there 11yrs but had a break in that . the last 7 years there has been continious … read more
John Melis
John Melis
Diploma In Law
629 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