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NSW Can I Take Ex to Supreme Court for Property Settlement?

Discussion in 'Family Law Forum' started by Tsim, 1 June 2016.

  1. Tsim

    Tsim Member

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    Sorry for the long post

    I have been separated from my ex de facto partner of 5 years for 28 months now (outside of the 2-year period for family law court proceedings). Upon separation, the house was sold and the funds are currently in trust with the Legal firm who dealt with the sale of the property.

    I paid for the entire deposit, legals, etc., for the setup of the property from my funds prior to our relationship, circa $50K. and my ex did not contribute to these funds. I am now representing myself, as my ex was copying my solicitor into frivolous claims, like “I want this tea towels, these sheets etc” and it became too expensive to justify.

    During the period I had a solicitor, my solicitor had written to hers 5 times seeking property settlement all with no reply (To the point my solicitor actually wrote to them advising that they were being unprofessional).

    The value of funds in the trust is not great ($25K), and taking this through the family law court would have cost more than the funds in trust. In personal emails (excluding solicitors), she initially wanted 20%, Which I agreed to, and took to my solicitor who sent to hers. She then upped the amount personally with me to 30%. I agreed and put this back through the solicitor to hers. Each time her solicitor has not responded.

    I have contacted her solicitor directly 7 times (after I have become self-represented). I received one reply of “our client does not agree, and under the family law court, she would be entitled to more due to domestic duties”

    When I pointed out to her solicitor that this was now past the 2 year period, challenged the domestic duties, and requested the original settlement agreed upon of 30%, I got a reply saying “our client does not agree”

    All other communications have not had a reply.

    I have written to her solicitor seeking confirmation that he still represents my ex, and put a 2-week time frame to respond, or I will assume he is no longer representing her. Again no response. I have now contacted my ex directly and put through the same request to her. But again there is no reply.

    My only option now is to take her to court. I am assuming that as this is no longer a family law matter purse, but trying to release the funds from the sale of the property and that this would be through litigation in another court?

    Would this be the Supreme Court?


    I am assuming, as she has not made an “official” claim to any funds, she is being spiteful and stopping me receiving any funds.

    In addition to the release of the funds currently in trust, can I also apply to have half the setup cost (eg deposit legals, etc) to be awarded? And also legal costs due the non-responses of her legal representation, and her constant emailing my solicitor on non-settlement issues (even though I asked her to stop…N.B. She was legally represented during all the correspondence to my solicitor)

    Would the lack of responses assist with any litigation?

    Thank you in advance.
     
  2. Tsim

    Tsim Member

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    Is anyone able to confirm if the Supreme court is the right court to take this to?
     

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