SA Court Adjournment and Property Settlement Query?

[Timnuts]

Hi,

I'm waiting to obtaining my property settlement. I am still awaiting monies for from that still. But my question is, I have self-represented for a while now, always updating the courts of this, but the prosecutor has made a claim to the courts in SA that I have taken too long to finalise my matter and then the judge had also made the decision and voiced to me that I have an end, which is at the end of this month.

I want representation to finalise the matter but cannot get Legal Aid due to being asset-rich, money-poor. Is this true what prosecution has voiced and stated to the courts and judge on this day?

 

[Rod]

What court are you in - Family court or Federal Circuit Court?

What stage are the proceeding at - Opening statements, replying to other party, other?

What are they wanting you to finalise?

There is no prosecutor in civil cases, do you mean court registrar or opposing solicitor has said you have till the end of the month?

 

[Timnuts]

I have 4 cases of charges and bail agreements for all alleged breach of AVO. Whilst the AVO allows communication between myself and the ex. She makes claims I'm breaking the AVO through harassment and abuse and intimidation for ringing her to finalise property settlement and talk to my children, whom I have not seen in 3 years and consent orders.

I'm in the magistrates court for those alleged criminal matters. And have only just now, on the 2/2/2017, made it to the Federal Circuit Court with representation on deferred bases of my bill to the solicitor. Very thankful and in good spirits as the process was promoted with extreme priority.

But I have been now given dates and it would take another 5 months. What can I do about this end date in the magistrates court so I can finalise and have representation?

 

[Rod]

Hmmm, '4 cases of charges and bail agreements for all alleged breach of AVO'

Without seeing all the paperwork it is hard to know where to start. One solution might be to ask your lawyer if he will operate on the basis of payment once the property settles.

Breaches certainly need to be defended and you need good paperwork. I suspect you might struggle doing it all yourself so a lawyer is best, but if they won't help in this matter get a friend to help you organise what is needed.

Whatever you do now, no more breaches of the AVO regardless of reason.

 

[Timnuts]

Yes, I know this. I thank you for your prompt response. There are no more breaches. I have also asked my lawyer to do this but they want money in trust for criminal charges.

Can the prosector make claims? I'm choking up the court's system and the matter needs to be finalised when I need representation and money to do so. When they have to only wait another 5 months.

If I'm not in the court personally each day but only be presented at the request of the court on a particular day, how can I be in the system for too long and clogging up the court system?

 

[Rod]

You may be able to seek an adjournment if your lawyer will not represent you and you can't get legal aid. FYI, the judge can sometimes direct legal aid to provide advice.

Ask the court for another adjournment, citing your reasons and see what they say.