She applied for IVO extention

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

Rccbf

Active Member
10 April 2022
9
0
31
G'day,
The 15-month IVO period is coming to an end and she's applied for an extension based on 'concern that there could be some escalation because we are currently going through the divorce'.
There had been no breach, I've done everything as instructed to not interfere with the good running of the household (paid all bills, mortgage, child support, etc).
Is there ground for success of her application just on 'concern'?
I think that even murderers get a chance to get out after serving their sentence.
I have learnt to know who she really is and personally do not see what she could do to trigger me in any which way now. Pretty much she doesn't exist for me now.
But I need to come back to the house because being away mightily interferes with running my business which I conduct from the garage. She did try to block my access to that but as it has a totally separate entry I was allowed to still use it provided I kept off everything else.
Plus keeping me out ensures she's got full control of the assets as I have no idea what I could lay claim on.
There has been pretty much no upkeeping of the property during that whole period and I'd like to attend to that as I intend to pay her out and keep the property. She will be probably moving out to the house she inherited from her parents.
What arguments could I present as a defence against her application?
Thank you for any consideration and comments.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,820
1,072
2,894
www.hutchinsonlegal.com.au
Is there ground for success of her application just on 'concern'?
Yes.

What arguments could I present as a defence against her application?
Might depend on which State you live. The laws in each State on IVO's are different.

Your family lawyers should be able to advise you. If they can't and you are in Victoria, then I can assist you.
 

Rccbf

Active Member
10 April 2022
9
0
31
Hi Rod,
Thanks for your replies.
I've informed my lawyer but have not heard back from him yet.
Depending on the strategy he might suggest, I may get in touch for another opinion indeed as I'm in Victoria.