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Leon, Solicitor
Category: Australia Law
Satisfied Customers: 44666
Experience:  BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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My question is: In which position in a civil court the

Customer Question

Hello, my question is: In which position in a civil court the climate can ask the court to order the defendant to provide his/her full and frank disclosure of his/her financial circumstances?
Submitted: 11 months ago.
Category: Australia Law
Expert:  Leon replied 11 months ago.

Good Morning.

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 but a guide to assist you.

If you are asking about the Family Court it is part of the procedure in property matters. If they do not then the court can take this into account in the matter and question of costs.

In a debt recovery matter you can file and examination summons with the court for them to disclose and if they do not comply then the court can make orders.

I hope this makes sense and is of assistance. If there is nothing further

thank you for using my services.

If I have missed anything, or you have any further questions please let me know

If there is anything else in the future please do not hesitate to ask.

Please do not forget to leave positive feedback.



Customer: replied 11 months 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.
Expert:  Leon replied 11 months ago.

If you wish to have a call can you please elect to have me call you

Customer: replied 11 months ago.
Thank you Leon, my number is(###) ###-####
Expert:  Leon replied 11 months ago.

You have to elect it on the site

It needs to be logged

Customer: replied 11 months ago.
Once the judge has ordered that the case be dismissed, the claimant stood and started talking about our assets. The court ordered the defendant to pay $40 000 in 28 days to the court or 21 days to provide his financial circumstances. What about the financial circumstances does the court want to see? and what would be the best course of action?
Expert:  Leon replied 11 months ago.

Good Afternoon

Financial circumstances are your assets liabilities income etc.

You have to bring all back accounts credit card statements evidence of income and all expenses.

Did the court set a date?

Customer: replied 11 months ago.
We applied for an application form 23 to set aside the order one, the $40 000 to the court and to comply with order 4 to provide full and frank disclosure of the defendants financial circumstances. The hearing date for this is this week. The defendant has the last 3 years of the financials from his accountant for the business and his personal income for the last 3 years. Why would the court be asking for the defendants personal assets when they have nothing to do with the case?
Expert:  Leon replied 11 months ago.

Good Afternoon

If the court has found that you have to pay $40K and the other side has made representation bout your assets the court may have decided to make you provide them so the other side can ascertain if you can pay.

If the court saw the request as an application for your assets then the court made the orders.

Customer: replied 11 months ago.
We only have the 3 years of business loss for our financial circumstances. What should we do now?
Expert:  Leon replied 11 months ago.

You have to provide what you have

If they show losses then you will show losses

You have your accountant assist in getting all the information together.

If you have no assets then they cannot enforce against you.

Customer: replied 11 months ago.
Thanks The case has been dismissed that mean the climate wasn't right? and we do have few properties that come from the other business? and we do have to pay for the business that wasn't earn any income and the owner did a lots of things that wasn't right for our business, so that case been dismissed. Anything we could do now?
Expert:  Leon replied 11 months ago.

Good Afternoon

My apologies for the delay

If they have dismissed the claim then there is no claim anymore, they have lost.

If the properties are owned by another business and that business is not being sued the properties are safe.

You only have to disclose the assets and liabilities of the parties that were being sued.