VIC can you retract?

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dave_J

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4 November 2021
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If a matter has settled in principle via court, but the documentation is not finliased, can you pull out and if you do - what are the potential repercussions for the party "withdrawing"
 

Rod

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Costs order against the person withdrawing.

If settled in principle, then draw up a deed of settlement. We can help if you do not have a lawyer.
 
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dave_J

Active Member
4 November 2021
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so the status is that orders were made, but time frames have passed for actions for OP to be undertaken. What next? Does the court actually have any recourse to enforce property matters?? if so - how is it done...frogmarch the OP to the bank? lol doubt it....at a loss here.
 

Rod

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Do you have a lawyer? If so, they are the ones who should be advising you.

The details of what was agreed will likely determine the course of action available to the aggrieved party.
 

dave_J

Active Member
4 November 2021
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i dont have a lawyer. example x number of days from the orders to do certain things e.g. close accounts refinance joint assets etc.
 

Rod

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Is there a court order saying ' ..liberty to apply...'?
 

dave_J

Active Member
4 November 2021
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Is there a court order saying ' ..liberty to apply...'?
Yes mate there is - to the court giving not less than x days notice in writing to OP...for further orders...however....can i just ask - would the court honestly take a dim view of not "spoon feeding" the OP with a regurgitation of the orders in terms of what they have already been told to do, have agreed to do and quite simply..... haven't done? I don't understand why it is always the job of the one decent party to remind the other to no avail. Suppose that would make me as bad as them "not following" the orders...but they have a legal team who for the most part choose not to respond to save costs for her
 

Rod

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.. then you have the right to take the matter back into court for non-compliance. If you had lawyers you could make an argument your costs should be paid by the other side who are behaving unreasonably.

Yep, decent parties are often left out of pocket due to the actions of unreasonable people. Sometimes, but only sometimes, do the unreasonable get called to account.