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My husband and I have a judgement (Judgement being against…

Customer Question
Hi My name is...

Hi My name is ***** ***** husband and I have a judgement (Judgement being against us) hearing set down for Monday 19th March at 11:00 am in Brisbane Magistrate court. We are unable to attend this hearing.What will be the consequence of us not showing up???

Lawyer's Assistant: What state/territory are you in? It matters because laws vary by location.

Queensland

Lawyer's Assistant: What steps have you taken so far?

We have engaged a layer from June last year to reach a settlement to which all of our offers were rejected by the other party. We have now run out of money and cannot engage a Layer to act for us.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

We just yesterday filed paper work to apply for bankrupcy

Submitted: 5 months ago.Category: Australia Law
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Answered in 1 minute by:
3/15/2018
Solicitor: Leon, Solicitor replied 5 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,914
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

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Solicitor: Leon, Solicitor replied 5 months ago

Good Morning,

I would suggest that you are urgently write to the other side and advise them that you are unable to attend and seek their consents to get an adjournment.

You should also send a copy of this letter as well is a request to the court for the matter to be adjourned for another date.

Being such short notice, unless the other side consent,The court will not award you an adjournment.

You may have to pay some costs to the other side for work they have done getting prepared for the hearing and also for their appearance to mention on your behalf on the day.

If they do not consent and you failed to appear, there is a strong possibility the court will make an order against you and then you would be having to file an appeal to have the case reopened to be able to have the hearing.

If you can stop the bankruptcy going ahead, you would be better off waiting till this is finalised and then filing bankruptcy after so that you can have any order made on Monday included as part of your bankruptcy.

But failing to appear will result in an order being made against you and in favour of the other side.

If you wish to have a phone call to discuss this in more detail please elect a call or I can send you a request.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. You rating my work 5 stars allows me to continue to provide a service to those who require it.

I am happy for you to ask further questions on anything you wish more detail on.

Let me know if I have answered your question today.

Regards

Leon

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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