VIC Application for FVIO sent by Applicant Solicitor to Kids School

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Jbill78

Member
25 August 2021
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Hi guys
Unfortunately I'm going through a pretty acrimonious separation which involves Family Court and Magistrates with an Application for Interim Violence order against me. I recently found out that the ex's solicitors sent a copy of the Application including her allegations, to the kids school, before the court had even heard the matter. I'm pretty sure it violates the publishing rules of the Family Violence legislations, but good luck trying to find anyone interested in pursuing it. Police are useless because I'm the respondent. The only course of action I can see is defamation. I'm contesting the order, and if that comes down in my favour, I'm keen to check options. Thoughts?
 

sammy01

Well-Known Member
27 September 2015
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What exactly did the solicitor provide to the school? and how do you know it?
I'm guessing the kids are protected persons? I'm also guessing the solicitor provided a copy of the avo paperwork to the school. That would be entirely appropriate.
So let's pretend the solicitor sent the police statement along with the avo. First problem is how do you know that for sure? you dont. Even if you did know, well it isn't defamation, it is simply the ex's police statement. No doubt the solicitor had to write a letter explaining why they were sending this stuff and I don't know if you have a copy of that letter... Do you? I'm guessing no. But if you do, unless it makes very clear statements - stuff like - on the 2nd July 2021 you broke her nose, then you might have something for defamation, but once you keep reading you'll realise NOPE not even then...

Worse - so the letter went from the solicitor to the school principal. Did the principal photocopy it and send it to all the parents of all the students? NOPE. If he did, the damage to your reputation would be huge - worth suing.... But nope. Not the case. It is very unlikely the principal would have shared that information in detail to anyone. Principal would have told the admin staff that if you go to the front office to get the kids you will not be given access. To be fair, based on the terms of the avo, the school has a duty of care to keep the kids away from you. But the principal would not have gone into details about why. It is a fact that there is an avo against you and the kids are protected. You can't sue for defamation when the information is factually correct.

Next - you want to sue a law firm for defamation? They are lawyers, they don't need to hire lawyers. YOU DO... It will cost you a bomb. You will have no money left to fight the family law matter. So win the defamation and never see your kids again because you can't afford family law OR suck it up and spend your $ on family law. Your choice.
And - if as i suspect it is just the avo, then it is simply notifiying the school that they have a responsibility to keep the kids away from you.

Do you hate me yet? Mate, go post in the family law section. Ask for help about mediation, avo's and family law. Go on... I'll give you some good advice there. But realise the above is good info. Often the best legal advice is the stuff you hate hearing but upon reflection have to accept as good advice.

Final thought - right now things are rough for you. It is easy to make mountains out of mole hills. I'm sorry you're going through this crap. You are starting to realise that the family law system is pretty crook but don't lose hope. Look after yourself. For what it is worth and to give you a little ray of sunshine - I've been there. I'm a school teacher in a small town. My ex even gave the avo to my principal, no valid reason, she just wanted to piss me off. I was crushed. Humiliated
Truth be known, my ex used to hit me.. I never hit her. I kept a sleeping bag in my car so I could escape and sleep at a park and get home early in the morning to have a shower before going to work... BUT - these days, the kids live with me. The eldest refuses to talk to mum. The younger 2 kids visit in holidays. I have a great new missus who doesn't hit me. She works, not like the ex who sponged off me and hit me in the head to say thanks... And tomorrow I'm flying to Bali. When the kids visit their mum we go overseas. Life is good.
 

Rod

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27 May 2014
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I'm also guessing the solicitor provided a copy of the avo paperwork to the school. That would be entirely appropriate.
No it isn't.

Immediately write to the school refuting the allegations, and write to the lawyers reminding them of their obligations to the court. BTW, does the mother have mental health issues?

Also get a copy of the correspondence sent to the school. Defamation is certainly possible against the mother and the lawyer.

Let me know if you need help.
 

Jbill78

Member
25 August 2021
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Thanks Rod & Sammy

Just to clarify on this:
- they sent the application for the AVO including the statement of allegations from the ex. They did so, seeking the school to stop me from accessing the school before the had even been heard at court ex parte - grossly inappropriate
- it wasn't done through police - it was done applied for online
- I only know about it because of a subpoena served on the school through family court. So I'm not even sure if i'm allowed to use the info in a different jurisdiction (Harman)
- these lawyers have been very inappropriate with their language - it is clear it's posturing in an attempt to discredit me as a parent
- contest is coming up - I'm reasonably confident in my position. Based on recent offers from them, I suspect they're not.

I know its a breach of the FV legislation - s166; and I plan to make a complaint to the law body. I know defamation monetary wise will be negligible; BUT I wan an acknowledgment from them.
 

Rod

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27 May 2014
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Your knowledge indicates you likely have your own lawyers and they should be able to help you.

So I'm not even sure if i'm allowed to use the info in a different jurisdiction (Harman)

Correct, If the application was completed and filed online, chances are it has now become a proceeding, albeit sounding like one where you have not been served.

If the school is public, you may be able to make a FOI request. Otherwise pre-trial discovery orders can be sought.

A defamation proceeding is likely going to cost money, even if you win, but if you want to go down that path and your current lawyers can't help, we can assist.

Think carefully about what you want, and what is best for your kid(s), before you start to escalate another matter in the war with the ex.
 

Jbill78

Member
25 August 2021
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Hi Rod
Thanks for the insights. I did get served about a week later I understand the AVO being provided to the school. My issue is the documentation prior, that should not have been provided at any time. Those allegations were [and are still untested], and had no business being shared with anyone outside of the proceedings.

I have a great family lawyer who is very resolution focused, but much of my knowledge is self taught. I make it a point to read the legislation and proceedure notes - it helps me understand what happens and why.

I know the saying, 'it takes two'. In this case, I have tried to keep amicable, and they have sought to escalate at every turn. The letters from their side are just angry and aggressive - I don't know why she pays these lawyers to write these, when these
messages used to be written by her for free!

I have pinpointed at least a dozen other infractions of the solicitors rules - not opinion, or subjective; black and white infractions backed by written evidence. These people should not be practising Family Law.

I will be making a complaint to the Board once the entire matter is over [on the basis that any complaint I make now could be seen as vindictive, or reactive to being the opposing side]. However the defamation, and potential criminal complaint need to happen within 12 months of the event [or so I believe].

It frustrates me, but I still understand, that my lawyer has not responded in the same way - I respect that. I suspect, our lack of aggression in our responses, is being interpreted as weakness.

I haven't asked for these fights. I don't want to start new battles, but I won't be railroaded or bullied either. The commentary about this law firm online suggests similar MO with others. They have significantly contributed to the permanent destruction of trust between my ex and I. Prior to their engagement with her, we were talking about how we could stay 'best mates' and potentially take family holidays together. All of that is gone. I am sad for our kids.

I don't have anyone in the defamation aspect. Best we chat for more details. LMK how to contact you.
 
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