QLD property case summary

[Cairns123]

good evening,

How much information is required in a case summary for property please.

1. Just the headings like ‘family homes’

2. Of more in depth like ‘family home A family home B

Or further still:

3. Family home A purchased xyz sold xyz got 123, proceeds split 50/50

Also the same re a chronology - when parenting and property?

Do I group parenting in one then property in one or use subheadings or just have married xyz, separation xyz divorce pending xyz

Thank you for your time

 

[Rod]

There is no predetermined way for writing a summary. Some ways are better than others depending on complexity.

I prefer a summary showing current major assets in 4-10 lines (Real Property (2 houses) -$1m, Total loans - $800K, chattels - $100k, cars (2) value - $50k, Trust assets - xxxx, shares - xxxx, special collections/valuable items - xxxx

Who the parties are. Name, age, sex, country of birth, citizenship.

Chronological summary - met xxx, started living xxx, married xxx, kid1 xxx, kid 2 xxx, separated xxx, divorce xxx.

Leave out an emotional parts like wife's affair started xxx. It might be why the marriage fell apart but the legal system doesn't care about 'whys'.

I thought you'd be well past the stage of needing summary as the paperwork would already have been completed. What is this needed for and in which court?

 

[Cairns123]

Thanks Rod,

Complex doesn't even begin to describe the situation. FCC court. They have requested chronology, case summary for P and Prop.

The Parenting easier than Prop believe it or not.

Saw on here the other day about the 4 parts they look for with property and have decided to run under those headings. As is: What are the assets, contributions, liabilities for the parties and just and equitable. Its really helpful reading all the posts just to try and get a grip on all the different things to think about and parts of the law.

Thank you, I appreciate the heads up

 

[Rod]

Keep in mind I was only referring to the summary, not the body of the submission where you supply much more detail as per the 4 parts you mentioned.

 

[Cairns123]

Thankyou. Yes it is all filed. This is for call over, I gather it’s like the running sheet of how I will present my case in order I guess.

 

[Rod]

Ok, then it is just for court to see what the issues are and what the court needs to do to dispose of the matter in an orderly and efficient manner. They are hoping some issues may have already been resolved.

I assume they sent a form out for you to fill-in. Make sure you turn up at court on the day even though it may be a wasted day in court.

 

[Cairns123]

Thanks yep, I'm wondering if they can order us back to conciliation or mediation, but hoping they don't. Just want it to go to trial, it won't be settled outside unfortunately.

Thanks for the advice tho

Cheers

 

[Rod]

Suspect they can if they want to. The court has fairly wide discretionary powers when it comes to procedural matters, especially in family law cases.

One example I'm aware of is a civil case where there were 18 directions hearings before the case went to trial. I can't remember the case name now, just the takeaway message that court processes can take a long time .....

Hard to say whether it better to resist another conference or support one. You don't want to unnecessarily annoy court staff so if they suggest a conference you'd want to have good reasons for objecting.

 

[Cairns123]

Ugh