QLD Caveat for presumed undue influence

[7and3]

Hi,

My mother has had a caveat on her property which was gifted to her by a friend of 17 years whilst she was still alive. The deceased's family have come out of the woodwork and have grasped at straws to create a claim for presumed undue influence with a caveat over the property. .
All was done correctly and there is miles of evidence to prove there was no influence.
Here is the query:
My mum received an affidavit with an originating application. We have engaged a lawyer and respondered to this and he went to the supreme court to be heard. At that meeting a judge had a request for mediation by the other side which was agreed to. The judge also had a list following that of court dates and so on if mediation failed.
Although on that day my mum agreed to a mediation via the lawyers advice, she is not in a position at all to pay for big legal fees.
I am not too familiar with the supreme courts and their processes that are mandatory, and ask if she is able to cancel the mediation due to hardship.
Next query, will they make a ruling in her absence or would this be dealt with by an alternative method.
Much thanks.

 

[Tim W]

We have engaged a lawyer.....

In which case, you should take their advice.
Those of us here who are in fact lawyers are very cautious about second-guessing the work of another lawyer.

Although on that day my mum agreed to a mediation via the lawyers advice, she is not in a position at all to pay for big legal fees.

Then she (not you) should discuss that with her existing lawyer.

I am not too familiar with the supreme courts and their processes that are mandatory, and ask if she is able to cancel the mediation due to hardship.

Absent any explanation, the court will look at that as a refusal to take part in mediation.

Next query, will they make a ruling in her absence or would this be dealt with by an alternative method.
Much thanks.

A failure to appear on her part could be taken as a refusal to take part, and that could be a problem later.

Look - the bottom line here is that she, not you, should discuss the question of fees with her existing lawyer.