How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
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
Type Your Australia Law Question Here...
Deborah Awyzio is online now
A new question is answered every 9 seconds

I'm attempting to fill out a Qld form 11 version 4 caveat

Customer Question

I'm attempting to fill out a Qld form 11 version 4 caveat after the end of a 20 year defacto relationship. The house in is her name and the business is in my name. I'm having trouble with 3 Interest being claimed and 4 grounds of claim.
Submitted: 1 year ago.
Category: Australia Law
Expert:  Leon replied 1 year ago.

Good Afternoon

My name is ***** ***** I am a NSW Solicitor. Thank you for your question, and will do my best to assist you with your question. Please understand this is not legal advise Please understand this is not legal advise but a guide to assist you.

If you are trying to protect your interest as defacto under the Family Law Act she can have it removed. You cannot lodge a caveat under the Family Law Act.

Are you separated and have you discussed a split?

Customer: replied 1 year ago.
We are separated after 20 years
and I'm under a Qld temporary protection order.
Expert:  Leon replied 1 year ago.

Good Afternoon

So you cannot approach her.

Do you have a solicitor?

You have to work with her to get orders to finalise?

Customer: replied 1 year ago.
she took all the money out of the account and I don't have a lawyer so i will have to file the caveat myself untill I have the funds for a lawyer
Customer: replied 1 year ago.
there is no malice or bad feeling on my part over this
Customer: replied 1 year ago.
I cannot approach her within 100 mtr except child visits
Expert:  Leon replied 1 year ago.

Good Afternoon

Lodge the caveat but be aware that it can be removed.

You cannot use an interest under the family law act.

You have to say you have an equitable interest in the property.

The grounds of the claim you have to refer to section 79 Family Law Act.

I would suggest that you also consider filing an urgent application with the Court and seek an injunction on her account to stop he using the money.

And an order that she return what she has taken.

But you will need a solicitor to do this and there are assets and they may be happy to act and wait to be paid when the house is sold or the matter settles.

Customer: replied 1 year ago.
I cancelled her access to the account and it's only because we have to small children that i let it go and took no action.What should I put in question 3 and 4 of the form 11
Expert:  Leon replied 1 year ago.

Good Afternoon

in question 3 you set out equitable interest.

you can say under section 79 f the Family Law Act.

It is a constructive trust

At 4 you would say action in the family court under section 79

Here is some information.

I would get some legal advise from a solicitor that practices in family law in QLD because the caveat will only last for 3 months and if you are not successful if she suffers loss because of it she can claim against you.

It is a long relationship and you have an interest and a right but I cannot say what that is.

Customer: replied 1 year ago.'d say next time someone asks this question to give them an answer like the above. All the other info you've supplied is not in the interest of the original question asked.Cheers