QLD Applying for Dismissal of Good Behaviour Order Application?

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Wobby77

Active Member
17 November 2016
14
0
31
I don’t ever remember a trip to China...

My husband and I are both respondents to Peace and Good Behaviour orders by our neighbour. I feel it is an abuse of process of the court, frivolous and vexatious. My husband had already filed an application (to also cover me) for the same order on the neighbour, before we got served.


For the last 2 weeks I have been working on our responses and gathering witness affidavits. I am confident there is no case for me to answer, as there is not. I have CCTV of the other party’s son threatening hubby with a hoe and a pick and I have an audio voice recording of the same time of him saying he would do it for his father. I also have a video of the neighbour on the other side physically threatening us twice for this man.


All because he built a s**t fence, dammed us in (which has caused damage) and we are seeking remedy through the proper appropriate channels. Council have been up him for not getting an operational works permit and QBCC will be out on Monday to inspect his shoddy work on the fence, as he is actually a builder and should know better. We have not abused him or threatened him or his family in any way. A lot of the stuff in their affidavits is hearsay and the rest is refuted by the video or audio recordings.

I want to file a motion to dismiss the applications as there is no case to answer for us. I am representing both of us, I applied for legal aid, but had no response as yet. I got some time on the phone with them last week. I will try book another session. But if someone can point me in the direction of like a form or format to file this would be greatly appreciated at this time.
 

Lance

Well-Known Member
31 October 2015
852
123
2,394
Hi Diane,
You could probably submit an affidavit detailing your defence, but most importantly you will have to have your evidence available to prove that it was a vexatious claim.