VIC Other party keeps claiming to be represented, won't provide details and no correspondence received

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Anthony Murray

Well-Known Member
10 April 2018
22
1
124
Hi all

Just seeking advice on how to reply to another party. Final hearing with consent orders mid 2018, tried to contravene us and was not successful 2020/21.

No claiming to be filing an initiating application to change the orders to match those proposed during the contravention. To-date has said 4 times things like: my lawyer has asked for this, my lawyer wants to know what you propose before the initiating application is heard.

We are finding the talk of representation and impending application harassing (it's my wife's former spouse). Any advice on how to get this party to get their laywer to contact us or somehow shut this person down from a legal sense? I don't believe there is representation by the way.

Thank you
 

Atticus

Well-Known Member
6 February 2019
2,045
299
2,394
To-date has said 4 times things like: my lawyer has asked for this, my lawyer wants to know what you propose before the initiating application is heard.
As the current orders are over 12 months old, they will require a S60I certificate (attempted mediation) before they can file an initiating application.... As per CSFLW advice, you could propose mediation. Unless it's agreed that your lawyers participate though, most pre action mediation is conducted between the parties & a private mediator.

Either way, it should progress the matter if that is your wish, OR just ignore his questions until you get something that will compel you to act.
 

Tim W

Lawyer
LawConnect (LawTap) Verified
28 April 2014
5,031
830
2,894
Sydney
To-date has said 4 times things like: my lawyer has asked for this, my lawyer wants to know what you propose before the initiating application is heard.
These statements are not certain to be true.
That is... I don't think they actually have a properly engaged lawyer.
I say this because it's really, really unusual for a lawyer, once formally and properly engaged,
to ask their client to approach the opposing party directly,
in the way you describe.
 

sammy01

Well-Known Member
27 September 2015
5,154
721
2,894
smile and nod... That is all you have to do.... Call their bluff - pick some random law firm from the phone book and tell him to direct his concerns to them....
Seriously, just ignore. Ignore, ignore..