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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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I am going thru a financial separation. My assets, home ,

Customer Question

I am going thru a financial separation. My assets, home , business, shares all in possessiion of ex husband. Going thru family court. He has now also taken possession totally of small shares portfolio and is selling them. He is breaching court orders but no one can stop him. I have no spousal mainenance and he keeps adjourning court. I am 64 and worked in family buisiness that I set up. Penniless and stessing. Living on Gold Coast for now because I need not have looked for rent money,. Family home etc in Adelaide. Went to expense to present to Registrar on Friday an Injunction to stop him selling shares, but NO Judge. Non complia to court orders and no accountability. Our company lawyer took him on as his personal client against and "conflict of interest" of no consequence.
No funds since March 8th. Sick and stressing. Need some finance
Submitted: 2 years ago.
Category: Australia Law
Customer: replied 2 years ago.
Will i get an answer tonight. ***@******.***
Customer: replied 2 years ago.
Thursday night last I had Commbiz freeze business bank account and Trust Account. My barristers advised I undo this as Judges will say I am making itr difficult for business to operate. Against the law. Meanswhilew ex - husband has not even rang the bank because he has been working business and trust acounts through his private account and filtering through business accounts as a show. Subterfuge obvious as he leaves both accounts to zero immediately after he makes his transactions. Me being judged after all he has done a joke. Accounts frozen does not stop business operating whatsoever. I am a Director who after 20 months must make a stand where law, court, orders have failed.
Expert:  Leon replied 2 years ago.
Good Evening
My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question.
I am lost
You are using a company lawyer for family law matters
You should have had an injunction granted by now and also some interim orders for spousal maintenance.
You stopping the use of the accounts will be used against you if the business goes down.
If you freeze the accounts you stop him having being able to draw money to run the business.
Do you have orders for spousal maintenance?
Customer: replied 2 years ago.
Hi Leon
I used a family lawyer and one corporate barrister for the business component and another barrister to handle the family law part. No injunction despite all my lawyers effort and collating evidence from Bell potter. As I said, NO Judge available. Registrar more or less said "bad Luck" present when you attend the next court hearing on June 3rd. No point, all previous court orders ignored and too many to add , so we have to be specific which ones we address. Now I am also advised that the company lawyer did a shifty and passed ex husband onto new lawyer. I have been advised that without a doubt, they will attend court and state they have not had enough time to get acquainted with file. It will be adjourned.
Part of order requesting is scope of business forensic audit which he will not agree to for obvious reasons. I was told that without audit, Judge cannot calculate spousal maintenance. He will continually adjourn and be non compliant. Apparently the most brazen misuse of company funds (paper trail evidenced by me , collated, filed and indexed) that barristers have ever seen. He ignored interim orders totally including spousal maintenance. Has requested from me to extend business loan for another $100,000, then another $50,000 and the Trust another $20,000. I refused and therfore my funds stopped. Spends and withdrawals cash cheques for lifestyle from business and Trust and resents me denying overdrafts and loans.
As I stated, business account and Trust account only a farce, he controls them from his personal bank account. Pulls $11,000 cash from his personal account and places into business account, pays and makes transactions then zeros balance instantly. I have been unable to pay Strata, Council rates etc because NO funds. I am staying in a TRUST property, so therefore Trust should pay bills. he is staying in family home with no restrictions, no problems with financial or living expenses.
I am a Director with millions in debt and cannot exercise my due diligence.
Customer: replied 2 years ago.
I know I am done, no justice just a legal system that has milked me and keeps me broke and a victim.
Also because I could not do what he is doing and admitted in his affidavit reply, encouraged and advised by our now ex company lawyer and his lawyer.
Customer: replied 2 years ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 2 years ago.
Answer not satisfactory - repeated what I stated.
No break through answer . just a statement of what I already knew and told you.
Refund please.