Sorry about the length of this, two years of litigation and its a mess with no evidence presented on my behalf and a mountain of false allegations that are transparent and unsubstantiated. My question is repeated at the end where i also ask some others.
Can i seek adjournment on grounds of procedural fairness as my new lawyer is unwell?
He is unable to work for over one week now and I must have everything prepared and filed in less than a week. I am non compliant with some irrational orders made ex parte and they have severe consequences. My lawyer was going to negotiate a deal. I would think neither party wants this to go into court however they are threatening an undefended hearing as in the orders i cant comply with.
What appear to be severe and unreasonable orders were made against me ex parte in May. The result of my extremely negligent lawyer not forwarding correspondence from the other party and not advising me of a court date from an adjournment that I was unaware of and last minute application i never knew about. The orders are for a substantial amount of money paid to my ex wife, the result of a default spousal maintenance two years ago that i though was discharged and my lawyer advised me to not worry about. . He received threatening and demanding letters that he ignored i have read now annexed to her affidavit. The money now required although i'm on "no mutual obligation Centrelink benefits" for the next two years. Yet I am expected , court ordered, to take this amount out as a cash advance from a credit card. The ex wife knows i have this and significant available limit, though I never use, its for emergency only as i am self employed so need contingency for the unexpected and working capital. need to spend money to make money. Not going on a holiday as she deposes in affidavit is her intention after the proceedings are final.
(Note: She initiated with time abridged due to financial hardship.) The order requirement for credit card cash advance, that in itself seems reckless and would send me bankrupt while we have children that i provide for and certainly not in their best interest if i cant feed them or buy them clothes.
My ex wife is not in any financial hardship, never was. Spent a ridiculous amount after moving out the family home, threw herself a $6000 private party at a city venue she hired and provided open bar.
She is diagnosed with dual personality disorders , has disregard for other rights, lacks empathy and has no snse of remorse. Not a psychopath though not far off. She presents very well and very good at manipulating anyone she likes. She has convinced psychologists , some police initially and her lawyer was to easy. Thankfully did not fool the family consultant. It is because of her condition she believes her own lies and they become blatant as a result. When asked , she told the family consultant she had no more criminal proceedings pending when in fact she had a hearing for assault and other charges in just three days time. The family consultant soon found out and then questioned her again , she said she did not see the relevance. It was obvious the family consultant was pissed off with being lied to. The next two interviews she went to far trying to implicate me as a bad dad but only refereed to minor trivial matters withe kids and mostly about her, the consultant write nothing indicated the children were not safe or well provided for in my care.The wife was erratic and unorganized, with previous history of violence, addiction, etc.
I am also now ordered to pay for more sworn valuations, home and business again. The business has made a loss two consecutive years, its previously been agreed it has no value. The valuation cost $2,500., it is insane, saying that i am afraid to name the Judge in this forum.
The orders state that if i'm non compliant, the wife is at liberty to sell the business. My business is worth nil to anyone except me as i have good will and can return it to profit , after this distraction is in my past.
Also, if i am non-compliant, the wife is at liberty to have an undefended final hearing.
All seems very severe and to the extent that its strange a judge would do this, if not suspicious.
There are several strange anomalies in these orders, for example the ICL is required to make and file affidavit, though the ICL is also discharged in the orders with parenting now final.
And, the second named respondent has not been involved in the proceedings that have gone for two years. It was by leave of the court on the first day he was not required to be informed the proceedings were initiated or ever existed. Biological parent of one child though never met or known the child is now required to make and file and serve an affidavit and there is special comment about his attendance required at the next hearing and he must being served the orders by special service from the applicant wife solicitor.
I cannot understand why he would be required at this stage and with parenting orders final?
I note this was a different judge sitting at the last court date.
My case is obviously a complete train wreck , with all the evidence stacked on my side a massive problem in no evidence has been presented on my behalf. Parenting is final and by consent, under duress.
I had no option but to sign, stood over and threatened, with no advice and no evidence, the family report in my favor and a truckload of incidence unknown. I did not want to risk with to much unknown to me and could get no advice from my lawyer.
A little wiser now i have managed to retain new representation with another final trial in three weeks.
I am non compliant with these current orders.
My new lawyer agrees with me, can be proven my ex wife is not a credible witness, she is diagnosed, deceitful, deliberate dishonesty that can be easily proven with documents. Her lawyer has acted as a mere mouthpiece. My new lawyer was ready to forward a proposal, then nothing happened and i was not able to contact him for ten days. I have discovered he has been extremely unwell with the flu.
I have nothing prepared, expected a negotiated settlement.
I spoke to the other party lawyer last week, advised the position i am in with new lawyer unwell. He has not filed notice of address. my previous lawyer on just filed notice to withdraw.
The wife lawyer does not agree to an adjournment and will enforce the order for undefended hearing.
Can i seek adjournment on grounds of procedural fairness with new lawyer who is sole practitioner and unable to work due to illness?
Does the mitigating circumstance around the initial order made by default on first day of court two years ago matter now? ....back then the court was misled about six months rent i paid as part of our agreement, lump sum in June. Told to the Judge I suddenly stopped paying in December and her client suddenly left this commitment to pay rent she could not afford, complete lie and went in her affidavit this way that i can easily prove with account transactions and emails. Also omitted half the message about the children, she said i acted heavy handed, removed the part I invited her to see the kids and spend what ever time she liked and wherever she wanted. its gone on for two years, never should have started. i ws fair and reasonable at all times.
Can i seek damages from my lawyers that allowed all this to happen? In not preparing or filing, not acting in my best interest.
On the one occasion a lawyer did file for me it was late and not considered.
What next?
Can i seek adjournment on grounds of procedural fairness as my new lawyer is unwell?
He is unable to work for over one week now and I must have everything prepared and filed in less than a week. I am non compliant with some irrational orders made ex parte and they have severe consequences. My lawyer was going to negotiate a deal. I would think neither party wants this to go into court however they are threatening an undefended hearing as in the orders i cant comply with.
What appear to be severe and unreasonable orders were made against me ex parte in May. The result of my extremely negligent lawyer not forwarding correspondence from the other party and not advising me of a court date from an adjournment that I was unaware of and last minute application i never knew about. The orders are for a substantial amount of money paid to my ex wife, the result of a default spousal maintenance two years ago that i though was discharged and my lawyer advised me to not worry about. . He received threatening and demanding letters that he ignored i have read now annexed to her affidavit. The money now required although i'm on "no mutual obligation Centrelink benefits" for the next two years. Yet I am expected , court ordered, to take this amount out as a cash advance from a credit card. The ex wife knows i have this and significant available limit, though I never use, its for emergency only as i am self employed so need contingency for the unexpected and working capital. need to spend money to make money. Not going on a holiday as she deposes in affidavit is her intention after the proceedings are final.
(Note: She initiated with time abridged due to financial hardship.) The order requirement for credit card cash advance, that in itself seems reckless and would send me bankrupt while we have children that i provide for and certainly not in their best interest if i cant feed them or buy them clothes.
My ex wife is not in any financial hardship, never was. Spent a ridiculous amount after moving out the family home, threw herself a $6000 private party at a city venue she hired and provided open bar.
She is diagnosed with dual personality disorders , has disregard for other rights, lacks empathy and has no snse of remorse. Not a psychopath though not far off. She presents very well and very good at manipulating anyone she likes. She has convinced psychologists , some police initially and her lawyer was to easy. Thankfully did not fool the family consultant. It is because of her condition she believes her own lies and they become blatant as a result. When asked , she told the family consultant she had no more criminal proceedings pending when in fact she had a hearing for assault and other charges in just three days time. The family consultant soon found out and then questioned her again , she said she did not see the relevance. It was obvious the family consultant was pissed off with being lied to. The next two interviews she went to far trying to implicate me as a bad dad but only refereed to minor trivial matters withe kids and mostly about her, the consultant write nothing indicated the children were not safe or well provided for in my care.The wife was erratic and unorganized, with previous history of violence, addiction, etc.
I am also now ordered to pay for more sworn valuations, home and business again. The business has made a loss two consecutive years, its previously been agreed it has no value. The valuation cost $2,500., it is insane, saying that i am afraid to name the Judge in this forum.
The orders state that if i'm non compliant, the wife is at liberty to sell the business. My business is worth nil to anyone except me as i have good will and can return it to profit , after this distraction is in my past.
Also, if i am non-compliant, the wife is at liberty to have an undefended final hearing.
All seems very severe and to the extent that its strange a judge would do this, if not suspicious.
There are several strange anomalies in these orders, for example the ICL is required to make and file affidavit, though the ICL is also discharged in the orders with parenting now final.
And, the second named respondent has not been involved in the proceedings that have gone for two years. It was by leave of the court on the first day he was not required to be informed the proceedings were initiated or ever existed. Biological parent of one child though never met or known the child is now required to make and file and serve an affidavit and there is special comment about his attendance required at the next hearing and he must being served the orders by special service from the applicant wife solicitor.
I cannot understand why he would be required at this stage and with parenting orders final?
I note this was a different judge sitting at the last court date.
My case is obviously a complete train wreck , with all the evidence stacked on my side a massive problem in no evidence has been presented on my behalf. Parenting is final and by consent, under duress.
I had no option but to sign, stood over and threatened, with no advice and no evidence, the family report in my favor and a truckload of incidence unknown. I did not want to risk with to much unknown to me and could get no advice from my lawyer.
A little wiser now i have managed to retain new representation with another final trial in three weeks.
I am non compliant with these current orders.
My new lawyer agrees with me, can be proven my ex wife is not a credible witness, she is diagnosed, deceitful, deliberate dishonesty that can be easily proven with documents. Her lawyer has acted as a mere mouthpiece. My new lawyer was ready to forward a proposal, then nothing happened and i was not able to contact him for ten days. I have discovered he has been extremely unwell with the flu.
I have nothing prepared, expected a negotiated settlement.
I spoke to the other party lawyer last week, advised the position i am in with new lawyer unwell. He has not filed notice of address. my previous lawyer on just filed notice to withdraw.
The wife lawyer does not agree to an adjournment and will enforce the order for undefended hearing.
Can i seek adjournment on grounds of procedural fairness with new lawyer who is sole practitioner and unable to work due to illness?
Does the mitigating circumstance around the initial order made by default on first day of court two years ago matter now? ....back then the court was misled about six months rent i paid as part of our agreement, lump sum in June. Told to the Judge I suddenly stopped paying in December and her client suddenly left this commitment to pay rent she could not afford, complete lie and went in her affidavit this way that i can easily prove with account transactions and emails. Also omitted half the message about the children, she said i acted heavy handed, removed the part I invited her to see the kids and spend what ever time she liked and wherever she wanted. its gone on for two years, never should have started. i ws fair and reasonable at all times.
Can i seek damages from my lawyers that allowed all this to happen? In not preparing or filing, not acting in my best interest.
On the one occasion a lawyer did file for me it was late and not considered.
What next?
