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NSW AVO Application Against Father - Can We Apply for Compensation?

Discussion in 'Criminal Law Forum' started by Jen076, 12 January 2016.

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  1. Jen076

    Jen076 Member

    12 January 2016
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    My father has had a vexatious APVO taken out against him by an ex-business partner of mine (this person has also conned me out of over $150k and cost me over $30k in legal bills).

    We had the mention hearing yesterday to which the applicant did not turn up but contacted the court to advise he was in the hospital. I have evidence (posts from his Facebook page) showing he was not in the hospital but in fact on the harbour in a boat yesterday whilst we sat round the courthouse all day waiting for the case to be called only to be advised it was being adjourned and we would have to come back.

    The applicant was ordered to submit his statement to the court with a copy sent to my father by 30th November 2015 and has not yet done so - does this have any effect on the case?

    Can he be charged with contempt / perjury?

    Can the court force him to provide evidence that he was in the hospital?

    Can we apply for compensation, i.e. loss of my wages for the day as I am self-employed?

    We cannot afford any more legal fees as he has financially drained us already, how can he be brought to account for what he is doing?

    Any help greatly appreciated.
  2. Sophea

    Sophea Well-Known Member

    16 April 2014
    Likes Received:
    Hi there,

    Generally the court will not respond favourably to parties who do not file and serve documents on time and do not comply with court orders. This would generally not amount to contempt of court, however he will have a difficult time prosecuting his claim if he fails to comply with court dates and deadlines.

    In terms of proving to the court that he was not in fact in hospital on the date of the mention, you could apply to have him declared a Vexatious litigant, here is some info on that: Vexatious proceedings

    Generally litigants are not entitled to compensation for days of work missed etc for legal proceedings, the court may award you your legal costs.
  3. Piers Blomfield

    Piers Blomfield Well-Known Member

    3 April 2016
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    Use this section to ask for costs.

    Crimes (Domestic And Personal Violence) Act 2007 - SECT 99
    99 Costs

    court may, in apprehended violence order proceedings, award costs to the applicant for the order or decision concerned or the defendant in accordance with this section.(2) Costs are to be determined in accordance with Division 4 of Part 2 of Chapter 4 of the Criminal Procedure Act 1986 .(3) A court is not to award costs against an applicant who is the person for whose protection an apprehended domestic violence order is sought unless satisfied that the application was frivolous or vexatious.(4) A court is not to award costs against a police officer who makes an application unless satisfied that the police officer made the application knowing it contained matter that was false or misleading in a material particular.(5) Subsections (3) and (4) have effect despite any other Act or law.

    Keep all the Facebook material and make an argument that his application was both frivolous and vexatious. Costs generally amount to the lawyers fees but ask for compensation due to time off work, etc

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