QLD How to Stop Ex from Stalling Through Expensive Lawyer Fees?

[running]

Hi,

My ex-husband has started to put repeated petty questions through the lawyers, as a way of revenge if he can't get his own way.

He has already managed to get his Child Support reduced to $0, and he lives in the family home (in his name), while the kids and I left due to his abuse. He is self-employed and makes good money. I am only a beginning teacher.

Most of my pay is going to lawyer fees, and it's getting eaten by petty questions (requests for minor changes, extra days even after I have refused). How do I stop these petty matters costing money and keep my fees paying for the actual stuff that needs to get sorted out (custody and property)?

 

[AllForHer]

I hate to say it, but this is fairly common practice in this particular field of law. The Court won't restrict one party from contacting the representation of the other, so if one party wants to compel the other to settle by consent, the quickest way to get there is to drown them in legal fees so a trial becomes unaffordable. Best way to limit your costs is to self-represent.

 

[Self Rep Depondent]

I am self representing. I have the same question though. How can I stop him from stalling? Being absent on court dates, late paperwork ( less than 2 days before court, or even on court day, so I don't have time to prove the lie of being unavailable.

 

[AllForHer]

Well, you can't really stop him from stalling, per se, but I suppose there are ways you can motivate the other party. It really depends what bargaining power you have and what it is that's being stalled. You can seek also advise of intention to seek a costs order against him and you can ask at every hearing for the matter to be set down for trial so there's no more messing around with interim hearings. What kind of matter is it? Property?

 

[Self Rep Depondent]

Yes property. We've had the procedural hearing which he didn't attend claiming he was in NSW (hearing is in WA) having a post operation check up. He supplied a medical certificate but it was less than 48 hrs before the hearing. I didn't have time to inspect it properly. The date the certificate was written the day after he was served with court papers.

Now I feel like I missed an opportunity to expose his stalling. Is it worth making a new application for Injunction? I'm thinking I might try a proposal before the conciliation conference, if we get to conciliation, expose him then however that's not until January. Is time a thing here? I mean - of course I'd like to settle ASAP but can waiting till conciliation to expose his deliberate stalling do any harm?

He may be selling assets but from what I've researched, that doesn't matter - Family assets will be assessed as they were 12 months prior and post separation.