NSW Contravention of Consent Orders for Property Settlement?

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Kyl

Well-Known Member
25 July 2016
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Hi,

My ex and I, through a conciliation conference with the family court registrar, came to agreement on property settlement. The orders were court sealed.

I have questions about;

1. We agreed on a pick a pile method for our property. I was ordered to make up 2 lists and my ex chooses 1 of the 2 and I get the other. I did the lists and included photos of our property items. I sent them to my ex as per orders. He went through the lists and crossed off 75% of the items and claimed they were his already or disposed of then left one list with only 2 items and claimed the other list with the majority of items still on it. He has also passed the final date by which he was to make available to me the items on my list and won't provide them to me anyway.

Is he contravening orders by changing the list to suit himself and by not providing my property to me. It's not worth much in dollars either.

And how would a court likely look at what he has done if he is deemed as contravening the orders?

2. My ex was also ordered separately to deliver my sons KTM 50 motorbike to me within 14 days which has also lapsed. I have asked him for it but he won't respond. Again it's not about the dollar worth which is not much.

Would the court likely do something about this if I go back through that process for him contravening orders?

I think he is playing the odds that I will do nothing because I want to move on and more court keeps things dragging out again.

Does an application for contravention of orders take as long as the rest of family law cases, or is the process quicker and more direct?
 

AllForHer

Well-Known Member
23 July 2014
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Contravention proceedings will usually take just as long, and cost just as much. I would weigh up the cost of going back to Court against the benefit. If none of these items are worth much, I would wager it'll be cheaper to replace them yourself rather than start proceedings again.
 

MartyK

Well-Known Member
4 June 2016
419
61
794
The usual process where property orders have been breached is to file an application for enforcement of the orders. This can be quite complex and as such legal advice is recommended. As Allforher said, however, while the father is being difficult and has not followed the orders, you really need to weigh up the advantages of returning to Court v the additional cost to you in doing so.
 

Rod

Lawyer
LawConnect (LawTap) Verified
27 May 2014
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www.hutchinsonlegal.com.au
Upside of court is you stand a reasonable chance of having some of your costs paid by the ex.
 

MartyK

Well-Known Member
4 June 2016
419
61
794
Upside of court is you stand a reasonable chance of having some of your costs paid by the ex.

Rod is correct that you may be able to recover costs, however, these costs may be negligible given the items indicated. If we factor in total legal fees and Court costs, it may well be cheaper to say bugger it, and just replace. Up to you.