QLD Property Settlment Court Order Unrealistic

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

Staceyo

Member
17 January 2019
2
0
1
Hi all

Our court order was based on property figures ( valuations) that didn't actualise. I took responsibility to sell property & take proceeds. I have complied as best I can, sold 2 properties but took a major financial loss of about $150k. The property settlement court order had me getting about $200k equity from said properties.

As we worked on me getting $200k from property, he was going to give me $75k of his super ( worth about $800K). Yes I know I let him screw me but I just wanted out.

I have one property left to sell but I have been advised that it will sell for $50k-$75k less than the loan which will give me a further loss. I can't take that loss.

My ex is bullying me, constantly contacting me saying that they will do a court order for Enforcement. The pressure from him & his lawyer is very stressful. I have complied as best I can & can show that, but I will not be forced into more financial hardship.

My questions are:

- Is there any recourse for myself as our figures were obviously not reflective of what happened when I sold property.

- What is the legal jargan for me to reply to him & his lawyer to basically say " if you continue with your bullying I will take it all back to court & as I am at a severe loss contrary to what the figures on our court order say, I will go for more of your super" I don't know if there is an avenue for such action & I really don't want to do this but I want to threaten him so they back off.

Thanks so much
Stacey x
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,731
1,056
2,894
www.hutchinsonlegal.com.au

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
7,731
1,056
2,894
www.hutchinsonlegal.com.au
It can be possible to overturn consent orders but you need legal advice to see if it is likely in your situation.

I'm not sure that a mere reduction in values is a sufficient reason and suggest legal advice is required.
 
  • Like
Reactions: Staceyo