Can you please help me to draft the duty of disclosure, the other party is asking?
NSW Consent Orders - What to Do When Ex Refuses to Sign?
- Thread starter sydman110
- Start date
Can you please help me to draft the duty of disclosure, the other party is asking?
Nope - sorry, I'm just a mug punter, like most other folk here...
Look you're off to court in a week? Are you going self rep or do you have a solicitor?
The technical stuff like formats for documents like duty of disclosure are specific, that is where solicitors should make their money because it requires specific understanding of the rules...
Why not write something - take out any identifying details and post it here for comment?
Look you're off to court in a week? Are you going self rep or do you have a solicitor?
The technical stuff like formats for documents like duty of disclosure are specific, that is where solicitors should make their money because it requires specific understanding of the rules...
Why not write something - take out any identifying details and post it here for comment?
I am self representing in court on 15th Jan.
I came to Australia with $6000 along with my wife and 3 kids in Aug 2010. I worked casual 10-15hrs a week for an year then worked as an IT contractor for approx 3 years from Sept 2011 to Dec 2014 earning about $40 an hour gross.
During this time I drawn personal loans and credit cards to run family and purchased a block of land to built a new home with a home loan of $650,000. Moved into the new house in 2013. Obviously couldn’t manage the living expenses of a large family with young kids so had to survive on credit cards because all the salary was going towards mortgage and furniture. I was the only breadwinner of the family and my wife was a home maker.
In Dec 2015, I rented out the home to buy another property utilising the equity of current property but during 2016 our differences grew due to me being having an affair with another woman and eventually my wife left home along with my 3 children in July.
When she left home we had debts together approximately $120,000 towards personal loans and credit cards and 2 cars and everything was spent on family and the new home and my wife was well aware of the financial situation. I do not have any habits of alcohol, partying or betting or such. I do not had or have any other property or shared or investments in my name except the matrimonial debts and the home loan.
We sold the home in Dec 2016 and after the bank deducting it’s home loan of $650000, we made a profit of $425000. Initially my wife didn’t wanted to accept the debts in my name which were about $90k+ and when I agreed for her debts 100% was about $35k. Upon my insistence and million explanations she agreed to accept $70k of debts when all my debts were purely spent on home and family and I do have all the evidences transactions in credit cards.
So I agreed to let it go and asked my lawyer to prepare consent orders and now she is not signing and suspecting me having another property in Australia and overseas which is a lie. I do not hold any kind of property or investment in my name or jointly with any other person. Currently my situation is hand to mouth after paying child care of about $1450 a month.
Her new lawyer sent me a letter asking me to again provide all the statements from 2013 to 2016 plus the income and expenses, bank statements as of today (we separated in July 2016).
Can you also please let me know if I have an obligation to disclose if have a new partner or not?
Hi
I have attended the court on 15th Jan. The judge asked me if I had a lawyer and I responded that I am self-representing and he made me feel easy by giving a smile at me. There wasn't much on that day and judge advised me to provide them with all the documents they are asking and gave me another date after a month and ordered to see the mediator on the second floor and get some results. If not, then asked me to see him in the first week of April 2018.
They have filed a response affidavit accusing me of domestic violence and also accusing police of not taking any action on me like issuing AVO, etc. Also claiming that I haven't contributed anything to the family including children where as I was the only breadwinner till now except 1+ year when she worked in some bank in 2005 in Dubai and we moved to Australia in 2010.
Do I need to file again my response in the court?
Thanks
I have attended the court on 15th Jan. The judge asked me if I had a lawyer and I responded that I am self-representing and he made me feel easy by giving a smile at me. There wasn't much on that day and judge advised me to provide them with all the documents they are asking and gave me another date after a month and ordered to see the mediator on the second floor and get some results. If not, then asked me to see him in the first week of April 2018.
They have filed a response affidavit accusing me of domestic violence and also accusing police of not taking any action on me like issuing AVO, etc. Also claiming that I haven't contributed anything to the family including children where as I was the only breadwinner till now except 1+ year when she worked in some bank in 2005 in Dubai and we moved to Australia in 2010.
Do I need to file again my response in the court?
Thanks
Hard to say without seeing your application and their response.
In situations where they are just responding to your affidavit and not requesting new orders, then no. You get to cross examine the other party about their affidavit at court.
If they are requesting new orders, say about parenting, when your application was for a property split, then yes.
In situations where they are just responding to your affidavit and not requesting new orders, then no. You get to cross examine the other party about their affidavit at court.
If they are requesting new orders, say about parenting, when your application was for a property split, then yes.
Hello everyone,
I had a conciliation conference. She came with her lawyer and her brother. She does not agree to pay off full matrimonial debts without any reason and she is adamant about having 70% of net asset pool where I have agreed to give 65% and reduce $20 from the matrimonial debts too... Even the registrar got tired of her behavior at the end, so the conference failed without any outcome.
Since I don't have any lawyer. I would just like to ask you guys what is next now? Is registrar going to submit a report to the judge about the outcome of the conference or any observations she made about two parties? I have an attendance at court in front of judge in first week of April 2018.
Please help me with your info and knowledge.
Kind regards
I had a conciliation conference. She came with her lawyer and her brother. She does not agree to pay off full matrimonial debts without any reason and she is adamant about having 70% of net asset pool where I have agreed to give 65% and reduce $20 from the matrimonial debts too... Even the registrar got tired of her behavior at the end, so the conference failed without any outcome.
Since I don't have any lawyer. I would just like to ask you guys what is next now? Is registrar going to submit a report to the judge about the outcome of the conference or any observations she made about two parties? I have an attendance at court in front of judge in first week of April 2018.
Please help me with your info and knowledge.
Kind regards
What is a procedural hearing?
I guess not. The registrar didn't conduct any procedural hearing. She gave info about what will happen if we do not settle the matter. And she asked me to be generous and I agreed and tried my best.
After that, me and my ex had a chat in private to resolve. That's it. The registrar said, "You have time till your court date. If possible, have a different sitting and finalise..." That's it.
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