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I am in Qld. My wife and I separated in August 2016. We

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Answer 1

Answered in 5 minutes by:

7/21/2017

Solicitor: John Melis, Lawyer replied 5 years ago

John Melis, Lawyer

Category: Australia Law

Satisfied Customers: 36,303

Experience: Family Law, Commercial Law, Property law, Probate & Wills, Employment Law, International Law, Criminal and Traffic Law, Litigation Tribunal & Courts

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Dear customer, my name is***** solicitor, thank you for using Just Answer, I will assist with your question today. Please allow me a few moments to review your post and I will respond accordingly.

Kind regards
John Melis

Dear customer, your matter relates to financial separation and the potential of fraudulent conduct.

Concerning your matter there are time limits that apply in relation to appealing decisions of the court. However, where fraudulent conduct has occurred special leave may be sought from the court.

An appeal from the decision of a judge of the Federal Circuit Court of Australia whether exercising original jurisdiction or, rejecting an application for disqualification of that judge, lies with a judge of the Family Court and is usually conducted by a full court of three judges unless the Chief Justice considers that it is appropriate for the jurisdiction of the Family Court in relation to the appeal to be exercised by a single judge. However, this does not need to be a member of the Appeal Division and is more commonly heard by a single judge of the Family Court. The decision to have the appeal heard by a single Judge is often revoked if there are issues of complex questions of law. If this is the case, the court should be notified as soon as possible so as not to delay the appeal process

If the Federal Circuit Court was not exercising their original jurisdiction when making the order and instead had jurisdiction under referred powers, the Federal Circuit Court must review the orders prior to an appeal being made to the Family Court.

An appeal against a decision of a judge of the Federal Circuit Court is lodged on the basis that the judge erred in the judgment on a question of law, or erred on a question of fact such that the orders made are outside the proper exercise of discretion reasonably available to the Federal Circuit Court judge. It is not a sufficient ground of appeal to assert that the Full Court would come to a different set of orders based on the facts before the Federal Circuit Court judge..

Kind regards *****

Answer 2

Solicitor: John Melis, Lawyer replied 5 years ago

Dear customer, initially your matter concerns both financial separation (Civil) and fraud (which needs to be proved).

If an appeal is sought, it would need to be brought at the Federal Circuit Court. However, before that stage, evidence must be identified that is well founded. Such as forensic experts in signatory assessment. Once the evidence is determined, the next step is to prepare for an appeal and whether an appeal will be warranted on the facts available. Following this point, a cost benefit analysis needs to be done to determine if the costs of the legal claim will be more than the benefit to raising the proceedings. Claiming costs are always at the discretion of the court.

Kind regards *****

Answer 3

Solicitor: John Melis, Lawyer replied 5 years ago

Dear customer, where there is a failure of full and frank disclosure, there are serious and dire consequences for a party if they do not comply with their disclosure obligations and disclose a document or the existence of an asset or financial resource.

If a person is found not to have provided full and frank disclosure of their financial circumstances, the consequences can include:

•that party being found guilty of contempt. The contempt being grounds to set aside a property settlement at some later time under s 79AFamily Law Act 1975. Punishment includes possible imprisonment.
•a judge exercising discretion in favour of the innocent party and make an order that goes beyond the identified property in deciding how to divide the property; or
•the judge not allowing the non-disclosing party to use the document that was not properly disclosed later in the proceedings as evidence.: and

The obligation to make a full and frank disclosure is regarded as so crucial to the functioning of this jurisdiction that the deliberate failure by one party to meet that obligation may result in the court drawing adverse inferences against the non-disclosing party where there is material upon which such inferences can be based.

Penalties will apply subject to the strength of the evidence and the loss incurred.

Kind regards *****

Answer 4

Solicitor: John Melis, Lawyer replied 5 years ago

Dear customer, I welcome you to select telephone services and I can discuss the matter with you further.

Kind regards *****

Answer 5

Solicitor: John Melis, Lawyer replied 5 years ago

Dear customer, you need to select telephone services offer, and you are welcome to call at your noted time.

Kind regards *****

Answer 6

Solicitor: John Melis, Lawyer replied 5 years ago

Try this one!

Kind regards *****

Answer 7

Solicitor: John Melis, Lawyer replied 5 years ago

You are most welcome.

Kind regards *****

Answer 8

Solicitor: John Melis, Lawyer replied 5 years ago

Please call on one of the numbers displayed.

Kind regards *****

I am in Qld. My wife and I separated in August 2016. We

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