Hi all,
Approx 2 years ago one of my neighbours took out a PSIO with me being the respondent. I later took out 2 PSIO'S (cross applications) on the same neighbour and his partner. The contested hearing for all 3 PSIO's at Magistrates court is coming up shortly (it was previously adjourned) and I have been sent a Calderbank Offer the offer is basically that we all agree to an undertaking and if I don't and the results are less favourable than their offer then they will apply for costs. Im not sure what to do
Background: My neighbours and I have attempted mediation prior to this but it failed due to neighbour breaching it. My neighbours have made false and vile accusations against me and have carried out a smear campaign against me. They claim that they have suffered mental harm etc even though they have had a surveillance camera pointed at my window and have no evidence to back up any of their claims. The fact is and i have evidence to prove I have never approached them or behaved in any way that may make a reasonable person fear for their safety I have never reacted to any of their stalking, harassment and have always and even before any issues arose tried to stay away from them as i knew they were high conflict people.
The PSIO was taken out against me 3 weeks after when I asked my Lawyer to send them a letter requesting that they stop harassing me and my partner (also female) and to stop spreading false accusations about me to other Neighbours and Owners Corp Committee members. This is where I suspect my neighbours must of panicked and thought that I may be considering a Defamation proceeding or was going to. This of course is false and I was only requesting that they stop harassing me and stop spreading false accusations as agreed in Mediation. By taking out a PSIO against me that would have prevented me from proceeding in a defamation case against them as it needs to be filed within 12 months of the incident (from what ive been advised).
Shortly after I was served with the PSIO their bullying, stalking and harassment on a daily basis escalated and I was being followed around the building by them as it seemed like they were trying to induce a breach. Obviously for my own safety and the safety of my partner I had to take out the cross application PSIO's.
I have well documented evidence and several other Neighbours that have volunteered to be my Witness.
My Lawyer says that it is highly unlikely that they will be awarded costs but is waiting to hear what my Barrister says. My Barrister at times has been excellent but the last time we were in court she was completely unprepared, had not liased with any of my witnesses even though she said she would and luckily it was adjourned. I was contemplating changing my Barrister even though she is very well known, I felt that her fees were probably a bit high ($3300. a day) but im worried about having to engage a Barrister who is not familiar with the case. I honestly fear for my safety and feel that if i agree to an undertaking the other party will continue to make my life a living hell and then there's the risk of if i lose the costs may be ordered against me and i simply cant afford it. What do I do?
Approx 2 years ago one of my neighbours took out a PSIO with me being the respondent. I later took out 2 PSIO'S (cross applications) on the same neighbour and his partner. The contested hearing for all 3 PSIO's at Magistrates court is coming up shortly (it was previously adjourned) and I have been sent a Calderbank Offer the offer is basically that we all agree to an undertaking and if I don't and the results are less favourable than their offer then they will apply for costs. Im not sure what to do
Background: My neighbours and I have attempted mediation prior to this but it failed due to neighbour breaching it. My neighbours have made false and vile accusations against me and have carried out a smear campaign against me. They claim that they have suffered mental harm etc even though they have had a surveillance camera pointed at my window and have no evidence to back up any of their claims. The fact is and i have evidence to prove I have never approached them or behaved in any way that may make a reasonable person fear for their safety I have never reacted to any of their stalking, harassment and have always and even before any issues arose tried to stay away from them as i knew they were high conflict people.
The PSIO was taken out against me 3 weeks after when I asked my Lawyer to send them a letter requesting that they stop harassing me and my partner (also female) and to stop spreading false accusations about me to other Neighbours and Owners Corp Committee members. This is where I suspect my neighbours must of panicked and thought that I may be considering a Defamation proceeding or was going to. This of course is false and I was only requesting that they stop harassing me and stop spreading false accusations as agreed in Mediation. By taking out a PSIO against me that would have prevented me from proceeding in a defamation case against them as it needs to be filed within 12 months of the incident (from what ive been advised).
Shortly after I was served with the PSIO their bullying, stalking and harassment on a daily basis escalated and I was being followed around the building by them as it seemed like they were trying to induce a breach. Obviously for my own safety and the safety of my partner I had to take out the cross application PSIO's.
I have well documented evidence and several other Neighbours that have volunteered to be my Witness.
My Lawyer says that it is highly unlikely that they will be awarded costs but is waiting to hear what my Barrister says. My Barrister at times has been excellent but the last time we were in court she was completely unprepared, had not liased with any of my witnesses even though she said she would and luckily it was adjourned. I was contemplating changing my Barrister even though she is very well known, I felt that her fees were probably a bit high ($3300. a day) but im worried about having to engage a Barrister who is not familiar with the case. I honestly fear for my safety and feel that if i agree to an undertaking the other party will continue to make my life a living hell and then there's the risk of if i lose the costs may be ordered against me and i simply cant afford it. What do I do?
