Tremaine - can you tell me more about state courts not having jurisdiction over family court matters?
NSW Undisclosed Debt By Ex-husband Who is a Convicted Paedophile?
- Thread starter BecL
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Tremaine - can you tell me more about state courts not having jurisdiction over family court matters?
Property settlements are governed by the Family Law Act 1975, which is federal legislation over which the Family Court of Australia and the Federal Circuit Court of Australia have jurisdiction. State courts don’t have jurisdiction over family law matters since they’re not governed by state legislation (with the exception being some circumstances associated with amending parenting orders, which is not relevant here).
The points about your case that are important are that if the debt exists, it would be considered a shared debt from the marriage. This is because it was for renovations to a property that was considered a part of the shared asset pool between you and your ex. As such, if that debt exists, then it should have been included in the shared asset pool that was divided during your property settlement. It wasn’t and that property settlement has since been finalised. Your former brother-in-law can’t now come to you to recover a debt that belonged to both you and your ex-husband, regardless of the fact that your ex is incarcerated and regardless of whether your ex acknowledges the debt exists. You would have both been liable had it been included in the property settlement, and that doesn’t change just because your ex is in jail.
I wouldn’t reopen the matter in FamCA/FCCA. It’s your former brother-in-law raising the dispute, not you.
The points about your case that are important are that if the debt exists, it would be considered a shared debt from the marriage. This is because it was for renovations to a property that was considered a part of the shared asset pool between you and your ex. As such, if that debt exists, then it should have been included in the shared asset pool that was divided during your property settlement. It wasn’t and that property settlement has since been finalised. Your former brother-in-law can’t now come to you to recover a debt that belonged to both you and your ex-husband, regardless of the fact that your ex is incarcerated and regardless of whether your ex acknowledges the debt exists. You would have both been liable had it been included in the property settlement, and that doesn’t change just because your ex is in jail.
I wouldn’t reopen the matter in FamCA/FCCA. It’s your former brother-in-law raising the dispute, not you.
Nah.. This is rubbish.. The proper place for division of property in the breakdown of a marriage/relationship is the family/ federal circuit court... You HAVE final orders from that court. The final orders say nothing about paying anybody in relation to this 'debt' claim... Also, IF there even was a legitimate debt to pay, being in jail is not grounds to relieve himself of all liability... Ridiculous..
If he wants to bring any sort of claim and apply for a revocation or variation of your final orders, it should BE HIM that applies back to that court to do so, certainly not you... To apply yourself is playing right into their hands... An affidavit is nothing more than his version of events by the way.
You have all the paperwork in the form of final orders that is needed in the district court to have it thrown out IMO... As Rod suggested, if the family is getting in your face over this, document the occasions and consider applying for restraining orders.
If he wants to bring any sort of claim and apply for a revocation or variation of your final orders, it should BE HIM that applies back to that court to do so, certainly not you... To apply yourself is playing right into their hands... An affidavit is nothing more than his version of events by the way.
You have all the paperwork in the form of final orders that is needed in the district court to have it thrown out IMO... As Rod suggested, if the family is getting in your face over this, document the occasions and consider applying for restraining orders.
Th
Thank you. It has been a nightmare. It’s a set up no doubt about it. By the way the bother in law is not a licensed builder or tradesmen of any sort.
Thank you. It has been a nightmare. It’s a set up no doubt about it. By the way the bother in law is not a licensed builder or tradesmen of any sort.
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