VIC Court adjournment then the case was thrown out

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Katie83

Member
14 January 2018
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0
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I have applied for a personal protection IVO, the court date was scheduled for yesterday however on Monday afternoon I received a phone call from someone who said they were from the court saying the defendant had applied for an adjournment and they would be granted it so that there wasn’t any point me going to court unless I wanted to contest the adjournment but I wouldn’t win that. She said I would just receive a new court date sent in them mail. I didn’t really question anything as I was a bit thrown by it. Yesterday I really started the think was that phone call legit, anyone could call and say they are from the court so this morning I rang the court and they told me that because I didn’t show the magistrate had thrown out the case. I explained the phone call I received and she said they had no notes that anyone had called me but the did have a note the other party asked for an adjournment. Now I’m waiting for someone incharge from the court to call me back but in the meantime I’m fuming over the whole thing. I’m angry at myself for not questioning the phone call. So my question is: is this a thing the courts do if a case is going to be adjourned at the defendants request, calling the applicant and telling them not to come? Or have I been played?
And just another question, do I have a right to know the reason for the adjournment? The woman on the phone said I’d have to ask the magistrate but are the court registrars able to tell me?
 

Clancy

Well-Known Member
6 April 2016
973
69
2,289
I have seen a few posts on people getting in trouble for not turning up at court because of wrong or misunderstood information. But this is the first scam call issue i have seen, ... the defendant must have watched the movie 'what happens in Vegas'!

Its actually breaking the law what they did (obviously) but hard to prove. You at least have the number that called you in your phone records, that's something.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,820
1,072
2,894
www.hutchinsonlegal.com.au
If the court won't reschedule the case, see if you can file a new case. Be nice to the court staff, they hold the power and getting angry at them will only hurt your ability to reschedule or file a new case.