1. I lent the defendant a substantial amount of money while she lived at my property January 2016 to April 2016 which included money to attend mediation with her ex husband in March 2016. This money was lent to Defendant with the agreement she would pay me back all the money she owed me when she settled with her ex husband. This was put in writing.
2. The defendant through the Family Law Courts got a substantial pay out of over $100,000 half to be paid up front the rest to be paid in instalments from her ex-husband. This was told to me by the defendant at the time.
3. The defendant moved out without paying what she fully owed me.
4. I took the defendant to court, I was awarded the remaining money owed to myself by the West Australian court in December 2016.
5. The defendant again did not and has not paid me anything.
6. The defendants ex husband the 3rd party contacted me explaining he still owed the defendant $10,000. He is willing to pay my outstanding debt being part of what he owes the defendant.
7. On the 12th March 2017 I put an application to the court for a Debt Appropriation Order.
8. I was contacted by the registrar who was dealing with my case telling me I should seek legal advice to clarify If I can make the application for this type money owed to the defendant.
My question is, can I apply for money that was awarded to the defendant through the Family Law Court through a debt appropriation order ?
2. The defendant through the Family Law Courts got a substantial pay out of over $100,000 half to be paid up front the rest to be paid in instalments from her ex-husband. This was told to me by the defendant at the time.
3. The defendant moved out without paying what she fully owed me.
4. I took the defendant to court, I was awarded the remaining money owed to myself by the West Australian court in December 2016.
5. The defendant again did not and has not paid me anything.
6. The defendants ex husband the 3rd party contacted me explaining he still owed the defendant $10,000. He is willing to pay my outstanding debt being part of what he owes the defendant.
7. On the 12th March 2017 I put an application to the court for a Debt Appropriation Order.
8. I was contacted by the registrar who was dealing with my case telling me I should seek legal advice to clarify If I can make the application for this type money owed to the defendant.
My question is, can I apply for money that was awarded to the defendant through the Family Law Court through a debt appropriation order ?