VIC Ex-Partner Not Following Financial and Property Agreement - What to Do?

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Rod

Lawyer
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27 May 2014
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www.hutchinsonlegal.com.au
Only a qualified entity can practise law and practising law includes providing legal advice.

Lawyers have to be, and are, qualified with valid and current practising certificates. The students are effectively working as 'law clerks'. Works very effectively and is no different to any other practice with lawyers and clerks. Law clerks do not give legal advice (in theory) but they do a lot of research and preparation of material that is signed off by lawyers.

The group functions as a community law organisation and is totally legit. One of the supervisors won a legal award late last year.

So, sorry Scruff, you are not correct with what you say.

Their help is easier than DIY.
 

Rob Legat - SBPL

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16 February 2017
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Rod and Scruff - you're both right, sort of. Unqualified persons (e.g. students, clerks) can work on the matter, but you'll find that all advice and correspondence must generally be signed off by a qualified practitioner. Each state's requirements may differ slightly, but that's the nuts and bolts of it.

Most firms use clerks/juniors/paralegals/secretaries and the like to some degree. It's standard leveraging. The trick is to ensure you find a practice where the practitioner checks the work and doesn't just 'rubber stamp' it - which should never happen, of course.
 

Scruff

Well-Known Member
25 July 2018
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Let's clarify a bit. I was refering to the OP's question, which does not mention anything about qualified legal practioners:
I remember a long time ago, when I started going through this I was told about a place where law students assist in legal matters for free or for a low fee.
I read that as "law students practing law with or without charging a fee" and I fail to see how it can be interpreted any differently.

My responses were that law students can not practice law, as stated in the two links I provided, and which I also note are specific to Victoria. The second link makes this very clear and includes a reference to case law.

@Rod's response was in a different context - that being of law students assisting practising lawyers in a "Paralegal" capacity. The same page makes it clear that "Paralegal work" is NOT considered as practicing law, and it is therefore perfectly legal for law students to do that kind of work. But that is not what the question or my responses related to.

@Rob Legat - SBPL's response somewhat clarifies the difference between these two contexts.

So basically, everyone is correct. However in relation to the question that was actually asked, law students (or any else without a "practising certificate") are not permitted to engage in "legal practice", which includes "giving legal advice", and are certainly not permitted to charge a fee for doing so.

* Quotes taken directly from the second link provided earlier and provided again here. (Supervised legal practice - Victorian Legal Services Board + Commissioner)
 
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Danstar

Well-Known Member
11 April 2016
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Sooooo an update for anyone interested. I still haven't got on top of this...

Been getting hounded by the ATO the last few months and have put this off. Along with all the extra curricular activities the kids have, having to look into high schools.. and probably the biggest thing holding me back was the quotes I got from pretty much all lawyers...as none of them (or their assistants) really read what I was after.
 

Danstar

Well-Known Member
11 April 2016
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7
224
Hi All again,

Wasn't sure if I should make a new thread or continue on this one...how time flies....

I feel a little stupid for still not having this settled, but after receiving a phone call from what sounded like a debt collector (my sister also got a SMS) asking if I could give them contact details for my ex-wife. To which I have had no direct contact with her for 5+ years.

Anyway, I've decided to try start up this enforcement order again.

Some quick questions. When applying on com courts, I'm assuming the Federal Circuit Court of Australia is where I'm applying for this to be heard ?

Secondly, I have no real address or phone number for my ex wife to prove I've sent her documents. I have an email which she uses to email me three times a year. 2 Birthdays and Christmas....

Thanks again for all your replies in the past and future :)