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I have just come out of a defect relationship. We lived

Hi. I have just come...
Hi. I have just come out of a defect relationship. We lived together for just over 2 years. The property is in his name and we both contributed to the mortgage whilst living together. There has been physical violence in the relationship and a Violence Restraining Order has been served on him. He has objected to it and there is a mention hearing on the 3rd November. As part of the clause of the VRO, he is not allowed into the house. His lawyer has written a letter to me indicating that if I do not leave the house by Tuesday then my ex partner will take this to family court, for which he wants me to pay for the costs of the application to family court. There are quite a few questions I have:1) Can he have me pay the costs for application to Family Court? If so, how much? I just want my contributions back that I made into the house and I am happy to leave the house. I am told it is my legal right to stay in the house until property settlement has occured.2) We saw a counsellor during the end of our relationship to whom he admitted to the physical violence. She does not want to give out the notes due to confidentiality reasons as we were both her clients. However she has a duty of care who there is violence involved? Can I sue her for this? Can the court demand the notes?3) I have two witness letters. One is from a neighbour who heard screaming and doors banging and he has written a letter to the Police. The other is a mutual friend who was present at a mediated meeting between myself, my ex partner, his mother and the mutual friend. The friend has written a letter to the Police indicating how the ex partner's mother talked about the physical violence, how I was afraid and called a Helpline, to which my ex partner did not object. Both him and his mother were bullying me to leave the house by a certain date which the friend also included in the letter. The mother threatened to make things very difficult for me if I took this to court as she said they had a lawyer in the family who would make things difficult for me. Are these letters good evidence at the mention hearing? It wasn't enough evidence for the Police to press charges on him. They needed proof beyond reasonable doubt.4) If I cannot afford a private lawyer, can I be represented by a duty lawyer at the Magistrates Court on the 3rd November?5) How should I respond to the letter that his lawyer has written to me?
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Customer reply replied 8 months ago
Can someone please help me?
Customer reply replied 8 months ago
Im still waiting, and I hope someone can assist me soon, that will be much appreciated.
Answered in 2 hours by:
10/15/2017
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,587
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
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Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question. If you choose a telephone call, you will be charged an additional fee.

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Good evening

The family court can make an order for you to pay costs if you lose but it does not always make them.

You will need a solicitor to assist you in all this because it is not easy.

Do not leave get advise and then you negotiate.

If he is charged with assault you can claim compensation being a victim otherwise no you cannot sue for the violence.

The witness statements will help you in the VRO but they have to be prepared to give evidence in court.

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Customer reply replied 8 months ago
I am unsure if you have understood what I am asking. His lawyer is saying that he wants me to pay for the costs of the application to a family court should I not obey to leave the house. Can he do this?
Also, we went to a counsellor where he confessed to the physical violence. She has it in her notes but is unwilling to provide them due to confidentiality she says. How can I or the court get her to release these notes? Can I sue her for not releasing the notes?
Customer reply replied 8 months ago
How do the documents have to be prepared?
Customer reply replied 8 months ago
They are currently written letters by the neighbour and mutual friend addressed to the police and signed. Do I have to go to a lawyer for this?
Customer reply replied 8 months ago
Once again, is there any point in going to the Family Court in Perth tomorrow morning and speaking with a duty lawyer there?

Good Evening

I understand we all send that letter out. We will seek orders that you pay our costs when we are successful. This is standard.

Do you have anywhere else to go?

You have to issue a subpoena on her to get her notes.

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The duty solicitor cannot run the case for you and prepare documents.

You need to have your own lawyer appointed.

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Customer reply replied 8 months ago
How do I get a subpoena?
Customer reply replied 8 months ago
I understand we all send that letter out. We will seek orders that you pay our costs when we are successful. This is standard.

You apply in the court you need the documents for.

You have to have a solicitor to act for you. If you do not and you make mistakes and lose they will get costs against you.

These matters are not simple and they require you follow procedure and do things in time.

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Customer reply replied 8 months ago
What do you mean by the above statement? I am r
Customer reply replied 8 months ago
I am referring to the letters provided to police by th neighbour and mutual friend

I am saying all solicitors send that letter asking for costs

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Customer reply replied 8 months ago
Please advice on the following letter sent to me. What costs are they referring to?
Customer reply replied 8 months ago
I private family lawyer costs a lot of money. So I am unsure what to do? I understand it is best to have my own private solicitor. What happens when we can't afford this service?

That is the standard letter

You have to get a solicitor representing you to respond.

You cannot do this yourself.

They are referring to the costs for filing and appearing in the Family Court to have you removed from the house. If they are successful they will ask the court to make an order that you pay their legal costs as well as your own.

This is why you need to have your own lawyer.

If you do not get a lawyer be prepared to have a horrible time in court. If you try and do it yourself, and you do not comply with orders and fail to put your case forward the court may make you pay their costs.

If you intend to fight this and get a property settlement you need a lawyer to act for you.

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Customer reply replied 8 months ago
if I can't affford a lawyer, then I just leave?
Customer reply replied 8 months ago
I can't claim the money I put into the house without a lawyer either?
Customer reply replied 8 months ago
What about mediation? Don't we need to do that first?

If you cannot afford a lawyer, I am not saying you leave, but it is going to be hard to fight.

You can claim the money you put into the house but you have to file an application.

I have concerns if you will be able to do this correctly and meet the requirements.

If you leave he will make you fight for everything and delay things.

Mediation is not going to work. From the lawyers letter he wants you out and if you dont he will sue. Also he will not freely offer to pay you.

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Customer reply replied 8 months ago
I am very concerned. He has given me until Tuesday to vacate. And I must respond by tomorrow to the letter. What if I don't get a lawyer in time?

Good evening

You respond saying you are going to see a lawyer and will respond by the end of the week.

But get a lawyer.

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Customer reply replied 8 months ago
What can he sue for though? I am living here within legal rights?

He will start proceedings to have you removed from the house and get a sole occupation order.

This means that he is allowed to live there and you leave.

This is why you need a lawyer. They will get the full history of the relationship how you met etc.

Use all this and advise you if the court will make the order or not and also start the process to get your money back.

I cannot do that because I cannot take you on as a client.

You need the assistance and expertise.

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Customer reply replied 8 months ago
if I get a lawyer I am likely to get my money back from the house?

The lawyer will work for you to get it back.

Will fight for you to get it back.

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Customer reply replied 8 months ago
Just weighing up the costs.

You have to do something now

Because if they start court proceedings then costs will start to escalate very quickly.

If it can be settled without court it will be much cheaper.

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Customer reply replied 8 months ago
Okay I will go see a lawyer tomorrow. Thank you for your help.
Customer reply replied 8 months ago
Hi. I feel quite concerned and scared. They can start court proceedings - if I get a lawyer, can he/she stop this from happening?
Can they start court proceedings without any mediation? Don't we have to show that we tried to work things out through mediation first?
Customer reply replied 8 months ago
I hope by responding to the lawyer saying I am seeing a lawyer and will get back to them by the end of the week, they will back off a bit?

Good Morning

Either of you can start proceedings at anytime and mediation is not required for property matters.

They do not have to go to mediation for property settlements.

If you get a lawyer there will be negotiations and hopefully this will stop them going to court.

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Customer reply replied 8 months ago
Hi,Could you write a letter for me?

Good Morning

I am sorry but I am not allowed to take on work from here.

You have to call the law society and get a referral.

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Customer reply replied 8 months ago
Okay it is just that whilst I can try get an appointment somewhere today, I am unsure if the lawyer can write me up a letter to email to his lawyer by today

Send them a letter and tell them you are going to see a lawyer this week and you will reply by friday.

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Customer reply replied 8 months ago
They sent this letter to me on Friday at 3pm. And they are asking me to respond by Monday and leave by Tuesday. Can they do this?
Customer reply replied 8 months ago
I am concerned that me saying I'm seeing a lawyer and will respond by Friday is not going to stop them. Do they legally have to wait until they hear from me/my lawyer?
Customer reply replied 8 months ago
In my mention hearing for the VRO can I refer to this letter as feeling threatened by him to leave the house?

I cannot tell you what they will do. But generally it looks like you are doing something and theymay wait.

But if you do not try you will never know.

You can mention it at the hearing.

But at the hearing for the VRO you will have the police representing you so they will do it for you.

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Customer reply replied 8 months ago
The Police represent me at the hearing? I did not know that. Would this be the police investigator in charge of the incident? Because they couldn't press charges on him on grounds that they required evidence beyond reasonable doubt and my theme two letters from the neighbour and the mutual friend did not have this they said.

If the police took out the VRO they will be representing you.
If you took it out yourself then you need a solicitor.

They may not have charged him but did they take out the VRO?

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Customer reply replied 8 months ago
I will definitely try to see a lawyer today. I am just concerned that they have given me pretty much a weekend of notice to deal with this and I don't know if I will be able to have the lawyer write me a letter and also send it to his lawyer by today.
Hopefully just saying I'm seeing a lawyer will have them wait, like you said. So in my email, all I should say is I'm going to see a lawyer and will respond to your letter by Friday?
Customer reply replied 8 months ago
I went to court to get the vro granted
Customer reply replied 8 months ago
I had reported it to the police and they advised me to go and get a vro

Get the lawyer to represent you in that as well

You need solicitors.

You cannot do this on your own.

If you try and run these cases on your own you will end up losing because the sustem is now easy to use.

See a solicitor today.

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Customer reply replied 8 months ago
The police served the vro on him
Customer reply replied 8 months ago
I was told if I don't have representation at the mention hearing one of the dry lawyers can represent me. Would this suffice? Just for the mention hearing? Then for the final hearing I can look at hiring a solicitor to represent me? Just as there will be so many costs involved
Customer reply replied 8 months ago
The Police said they couldn't charge him as in a criminal court they need proof beyond reasonable doubt. Will this be an issue for me at the mention hearing for the objection that he has made to the vro?

If it is a mention that is ok
But for the hearing you need a lawyer

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Customer reply replied 8 months ago
What happens at a mention? And from a mention does it definitely go to a final hearing? Or could the court decide at the mention whether the vro will be final or not?
Customer reply replied 8 months ago
What about the police not being able to charge him? They said they required someone to have seen it happen. And no one did, it happened behind close doors and whilst I called a Helpline on one of the nights it happened, I only reported in some days after the incident to the police. Will that be an issue for me?
Customer reply replied 8 months ago
This is why I want the counsellors notes. Because he admitted to the violence in that session. She has been unwilling to release these notes. And you're saying I can't sue her for this? Does she not have a duty of care?
Customer reply replied 8 months ago
When he was arrested he kept his mouth shut and said nothing
Customer reply replied 8 months ago
Can a lawyer get the counsellor to release the notes?

Good Morning

The court will ask if he accepts the VRO. If he says no then it will be given a date for a final hearing

You have to speak to Legal Aid and make sure the duty solicitor is expecting you on the day.

You have alot to think about and you cannot make appropriate decisions without showing all the documents to the solicitor and them advising you in more detail.

I know money is an issue but in the end you have to decide whether getting things right or saving money.

I am not able to commend on the Counsellor duty of care.

What he did when he was arrested was his right.

Get a solicitor to look at things and give you detailed advise.

If you choose not to I have concerns that you will be ordered to pay his costs and leave the house and the VRO dismissed and you will have no protection.

I cannot assist you any further than I have.

So this morning make some calls and make appointments and get someone appointed to assist you.

If you choose not to it is to your detriment.

I hope this makes sense and is of assistance. If you wish a phone call please elect for one but be aware it will be an additional fee. 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.

Regards
Leon

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Customer reply replied 8 months ago
Okay thank you. I will try my best to see a lawyer today.

Good Morning

All the best and good luck.

Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,587
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified
Leon and 87 other Australia Law Specialists are ready to help you
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Customer reply replied 7 months ago
Hi Leon, could you please assist me?
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