VIC Is a barrister necessary for a directions hearing?

[Magallenes]

I’m helping a friend with limited English, who is in dispute with an unreasonable ex partner. He is the respondent and recently filed his response through his solicitor.

The other party is not cooperating with disclosure documents and they will soon be moving to subpoenas.

She went overseas 2 years ago and remarried and stopped paying the mortgage, he has maintained paying it out of fear of ruining his credit history and borrowing opportunity after settling this.

The next hearing is a directions hearing and the solicitor commented that he will provide a list of barristers for the directions hearing.

How necessary is it to engage a barrister for a directions hearing? Aren’t solicitors genuinely competent enough to run directions hearings?

My friend is seeking she repay him via the eventual settlement the funds he has covered paying her 50% of the mortgage. The solicitor also advised that the court may not do this because he now has the property 100% to himself and she may claim 50% of what it’s rental value is and claim he she should be paying her rent despite her abandoning everything.

Is this a likely scenario that could play out?

Thanks in advance

 

[Rod]

re: Barristers at directions hearings. Some solicitors attend directions, some do not. Depends on a number of factors, and there is nothing wrong with either scenario.

We would attend many directions hearings, but not all. There are times when you want continuity for the barrister to keep across the case and provide advice/advocate for a particular point of view/action/direction.

re: Claiming rent. Anyone can claim anything, the chances of getting it depend on the circumstances. The general rule is that each party pays their own costs (mortgage and rent) until settlement BUT individual circumstances will affect the general rule. Nobody here can comment without understanding the case in some detail. And no, it is not appropriate to put full details of what may be a complex case into any online forum.

 

[Magallenes]

re: Barristers at directions hearings. Some solicitors attend directions, some do not. Depends on a number of factors, and there is nothing wrong with either scenario.

We would attend many directions hearings, but not all. There are times when you want continuity for the barrister to keep across the case and provide advice/advocate for a particular point of view/action/direction.

Thanks Rod for your reply.

Is the decision to use a barrister for a directions hearing ultimately with the instructing solicitor or the client?

 

[Rod]

It is a joint decision.

If a client refuses advice to use a barrister, the solicitor may end their involvement in the case. It can be a tough situation for a client, but regardless the solicitor should be able to clearly articulate the reasons as to why they want a barrister.

 

[Magallenes]

It is a joint decision.

If a client refuses advice to use a barrister, the solicitor may end their involvement in the case. It can be a tough situation for a client, but regardless the solicitor should be able to clearly articulate the reasons as to why they want a barrister.

Thanks Rod

I know each case has different levels of complexity, so this may be hard to answer, but generally would a barrister’s fee for a directions hearing (1/2 day fee) include them reviewing the materials and solicitors instructions or is it a separate fee to prepare? The hearing will be approximately half an hour over Microsoft teams.

 

[Rod]

If it is only 30 mins and the barrister is charging a half day, I'd expect preparation to be included. But it is up to the barrister and does depend somewhat on complexity.

 

[lostinspace]

That would depend on how complex the case is and what is trying to be achieved.

Keep in mind, a lawyer and a barrister will happily take your money when nothing much is going to happen. Directions hearings will have certain things that will be dealt with, but it is also an opportunity to get some other things done.

I had a barrister, and they charged same or less than the lawyer from memory, somehow they went to a directions hearing when I was not that familiar with the process, a total waste of money because they have to wait around, much better to use an agent if required and the court is not close to your lawyer, also outside a certain area the court will usually allow a phone in, or both parties can ask for this ahead of time.

So, find out what is on the agenda.

Frankly, I did it all myself after getting them to do it for me as I could not justify the huge amount of money going out with zero results, or results I could get myself.

I would ask very directly, why a barrister should go, what are we dealing with, what is the plan etc

 

[lostinspace]

Oh, I will also add, part of why I agreed to the barrister, is I was thinking it would be an opportunity to sit and discuss everything about my case, and what do you know, they used it as an opportunity to make calls, organise themselves and have a nice chat to staff they often see & I got the vibe they were not interested in my case, so that was the point I decided to not be suckered in any more.