Hi all,
Firstly, thanks to all of you have posted help in this forum. I have gone through all 178 pages of questions and read all those questions which relate to my circumstances.
My ex (applicant - lawyered-up) and I (respondent - self-representing) had our initial hearing for final orders two weeks ago and have a conciliation conference next month. We have a joint property, which was the matrimonial home. I left the home 18 months ago at my ex's request and have been renting my own place since. My ex has continued to reside in the home and has been paying the mortgage.
Despite me previously warning the applicant's lawyer that I would not accept a property valuation that the applicant had arranged on his own, the applicant's lawyer has sent me an updated valuation of one they arranged last year. They are well within their rights to do this despite my previous warning and, if I disagree with their valuation, it is up to me to arrange my own. Of course, they could have tried to mutually agree with me on a valuer and split the cost.
Anyway, I have told applicant's lawyer I will give her notice of when I and my valuer will attend the property to conduct a valuation. I want to attend to ensure there is no attempt to influence the valuer and also to check the condition of the property. The applicant's lawyer insists that I not attend the property and to put valuer in touch with her to arrange the visit. The applicant's lawyer says she may seek an injunction to ensure I don't attend. The applicant's lawyer's only argument appears to be that I have left the property and haven't been back since. There are no current or previous AVO's during the relationship or since.
What will be the likely response of the court if I insist in attending? Will I be considered to be delaying property settlement and wasting family court time?
Cheers
Firstly, thanks to all of you have posted help in this forum. I have gone through all 178 pages of questions and read all those questions which relate to my circumstances.
My ex (applicant - lawyered-up) and I (respondent - self-representing) had our initial hearing for final orders two weeks ago and have a conciliation conference next month. We have a joint property, which was the matrimonial home. I left the home 18 months ago at my ex's request and have been renting my own place since. My ex has continued to reside in the home and has been paying the mortgage.
Despite me previously warning the applicant's lawyer that I would not accept a property valuation that the applicant had arranged on his own, the applicant's lawyer has sent me an updated valuation of one they arranged last year. They are well within their rights to do this despite my previous warning and, if I disagree with their valuation, it is up to me to arrange my own. Of course, they could have tried to mutually agree with me on a valuer and split the cost.
Anyway, I have told applicant's lawyer I will give her notice of when I and my valuer will attend the property to conduct a valuation. I want to attend to ensure there is no attempt to influence the valuer and also to check the condition of the property. The applicant's lawyer insists that I not attend the property and to put valuer in touch with her to arrange the visit. The applicant's lawyer says she may seek an injunction to ensure I don't attend. The applicant's lawyer's only argument appears to be that I have left the property and haven't been back since. There are no current or previous AVO's during the relationship or since.
What will be the likely response of the court if I insist in attending? Will I be considered to be delaying property settlement and wasting family court time?
Cheers