VIC Consent orders property settlement

[BBBBB]

Hello,

I would really appreciate any advice you can offer, as I am now out of funds & refuse to throw any more $$$ at a solicitor who was totally irrelevant & ineffective.
Court ordered, signed consent orders for property settlement.
Family home to be sold / personal property to be returned to respective parties, / monies owing to be returned to respective parties.
I have returned items, other party has not, ex is to get the property listed for sale as he still lives there.
It's been 7 months, haven't heard from solicitor, nothing has happened.
What happens now ??

 

[CSFLW]

Have the orders been made?

 

[Tim W]

Hello,

I would really appreciate any advice you can offer, as I am now out of funds & refuse to throw any more $$$ at a solicitor who was totally irrelevant & ineffective.
Court ordered, signed consent orders for property settlement.
Family home to be sold / personal property to be returned to respective parties, / monies owing to be returned to respective parties.
I have returned items, other party has not, ex is to get the property listed for sale as he still lives there.
It's been 7 months, haven't heard from solicitor, nothing has happened.
What happens now ??

Well, the first thing you do is ring your solicitor and ask for an update.

 

[BBBBB]

Court ordered, signed consent orders for property settlement.

 

[BBBBB]

Well, the first thing you do is ring your solicitor and ask for an update.

Hello,
Thank you, that seems to me the obvious answer.
Yet I was contacted last week by my solicitor, advising that if no action has been taken by either party, kindly pay the invoice.

 

[Tim W]

Why are you not asking your solicitor to progress things?

 

[BBBBB]

I have no clue what to do or what comes next, I honestly thought my solicitor would advise or guide me along the way.
What does progressing things entail, back to court ?

 

[Noel Harris]

Seven months of inaction on a signed, court-ordered property settlement, combined with a solicitor who has gone quiet, is a situation you shouldn't keep sitting on. Where a party fails to return personal property or list the family home for sale as ordered, that's a contravention of the consent orders, and you can apply to the court to enforce compliance. This can include orders compelling the sale (with the court able to appoint someone else to sign documents if he continues to refuse), and in some cases cost consequences against the non-complying party.

Your first practical step should be finding new representation, since being unable to reach your solicitor for this long isn't acceptable, and a fresh set of eyes may also identify enforcement options faster than continuing to wait. It's also worth being mindful of time limits: for married couples, an application to enforce or otherwise deal with property matters generally needs to fit within the broader 12-month post-divorce window if divorce has been finalised, so it's worth confirming where you sit on that timeline as well. Getting advice from a specialist in property and financial settlements can help pick this up, assess what's outstanding, and move quickly on enforcement.

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Disclaimer: Please note information in this response is general in nature and should not be treated as legal advice. It may not be complete or up to date for your specific situation. Independent legal advice is always recommended.