VIC Communication with lawyer

[Dpj]

My ex's lawyer writes to me sometimes. I then wrote to him regarding a different matter. He refuses to respond. My ex then wrote to me saying he has it been engaged only to deal with the matter he has asked me to respond to and no other matter. Some of my correspondance to him hastening relation to breaches done by my ex and I have not included my ex on that corresponsance.

Can the lawyer pick and choose what items he represents my ex? If I show the court I wrote to the lawyer on contravention matters before the Court and that lawyer didn't respond, what's a judge likely to say? Will it be viewed that shouldn't have contacted the lawyer and thus my issues to the lawyer were undisclosed to my ex? Or does the lawyer have a duty to pass on correspondence to my ex? The address for service is my ex's residential address.

Any help would be great

 

[CSFLW]

Are you in the court at the moment?

 

[Rod]

Can the lawyer pick and choose what items he represents my ex?

Yes - as long it is a matter clearly unrelated to the issue in dispute.

If I show the court I wrote to the lawyer on contravention matters before the Court and that lawyer didn't respond, what's a judge likely to say?

Likely tell you to address the issue directly with the ex, and may award costs to them for you bringing a matter unrelated to the current proceedings.

Will it be viewed that shouldn't have contacted the lawyer and thus my issues to the lawyer were undisclosed to my ex?

Possibly, not enough detail to know. The lawyer has put you on notice it is beyond his remit so you won't be able to say 'but I told her lawyer'

Or does the lawyer have a duty to pass on correspondence to my ex?

Nope. The lawyer is contracted for one piece of work and one only.

You have been told so you have to get over it and serve your ex directly.

 

[Dpj]

Thanks Rod. Appreciate it.

In regards to the first comment about 'relatability', all correspondence is regarding alledged (past) or intended (future) contraventions. Ex's lawyer corresponds with me regarding contraventions (intended in the future, or past alleged) and then I write to him/her regarding different contraventions (intended in the future, or past alleged) the ex has done/intends to do. He ignores my correspondance, without saying why.
Only later, after I wrote to the lawyer, my ex said she only engages him for certain things and not to correspond with him on any matter than he hasn't written to me on.

So all correspondance relates to breaches of the same orders. Her lawyer has sworn upon application documents although my ex claims she is self represented

There are IVO reasons I'd prefer to contact the lawyer. There is a clause in fvo saying I can contact t ex in relation to family orders but cops have proven not to always understand this clause.

 

[Dpj]

Are you in the court at the moment?

A contravention hearing is in Sept 2023 (me as respondent). Final consent orders held since Aug 2021. I am drafting a contravention application I plan to submit next week and will seek they be heard at the same hearing.

 

[Rod]

contravention hearing is in Sept 2023

What are the actual matters at court (eg FCFCA property or parenting/ FVIO)?

Contravention of what orders?

 

[Dpj]

A contravention hearing is in Sept 2023 (me as respondent). Final consent orders held since Aug 2021. I am drafting a contravention application I plan to submit next week and will seek they be heard at the same hearing.

Parenting Orders. Contravention (ex's application) being heard in the FCCOA on 25th Sept. I [plan to lodge next week and will request my contravention application be heard at the same hearing.

 

[Rod]

Her lawyer has sworn upon application documents although my ex claims she is self represented

Look at what address has been filed for service and send to that address/email.