NSW AVO Taken Out by My Mum - What Can I Do?

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Toqual

Well-Known Member
10 July 2014
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Hi @Marilou

When you lodge a Statement of Claim, the courts will inform her of this. She will then be obliged to pay you, unless she disagrees with your claim then will have to inform the court of her feelings. This will most likely result into a Hearing - this is where you will need to present evidence. I strongly suggest you kindly ask witnesses to speak for your claim. I strongly do advice you to speak to your lawyer regarding all this as you do not want to breach your AVO. A lawyer will assist you in presenting a strong case. An important question is, whilst negotiating, did she agree to pay you back? Or was it your speculation?
 

Marilou

Active Member
15 July 2014
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0
31
She agreed to pay it back, I made the mistake of not having a contract done up.
Since I live in NSW and she lives in Qld, should I file the statement of claim in NSW?
 

Toqual

Well-Known Member
10 July 2014
130
9
414
Yes. Deal with the case in the state of your residency. The courts will arrange it to be sent to her etc.
 

Owens Lawyers

Well-Known Member
13 June 2014
103
60
594
Marilou you can start the case in NSW and as it is $8000 you can start it in the small claims division of the Local Court. This is a less formal jurisdiction and evidence is usually given by statement rather than witnesses attending hearings.

Once she is served though (again, make sure you do it through a lawyer) she may apply to have it moved either to a QLD court (arguing inappropriate forum) or a NSW court that is closer to her.
 
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Toqual

Well-Known Member
10 July 2014
130
9
414
Yes ^, although Marilou if you feel having a witness will assist you in presenting a case then discuss this with your lawyer. As @Owens Lawyers stated as the Small Claims Court is rather informal this is quite uncommon.
 

Marilou

Active Member
15 July 2014
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0
31
How do I start making the claim against her?
Do I need a lawyer to represent and make the claim for me?
Can you recommend any lawyers in the Lismore area?

Once again thank you for all the help.
 

Toqual

Well-Known Member
10 July 2014
130
9
414
@Owens Lawyers She isn't obliged to hold a lawyer in order to make a Statement of Claim - although if the case does result in a hearing, that's when I strongly suggest a lawyer.
 

Owens Lawyers

Well-Known Member
13 June 2014
103
60
594
@Owens Lawyers She isn't obliged to hold a lawyer in order to make a Statement of Claim - although if the case does result in a hearing, that's when I strongly suggest a lawyer.
I'm not sure what you mean by "hold a lawyer" but if you read what I wrote you will see that I am recommending she go through a lawyer because of the AVO.
 

Tim W

Lawyer
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28 April 2014
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@Owens Lawyers She isn't obliged to hold a lawyer in order to make a Statement of Claim - although if the case does result in a hearing, that's when I strongly suggest a lawyer.
You mean "instruct" a lawyer.
And she will have to use a lawyer in order to comply with the conditions of the AVO.