VIC Directions Hearing - Contesting Intervention Order

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GlassHalfFull

Well-Known Member
28 August 2018
483
45
714
I have no idea what exactly they are expecting of you. What it sounds like she was requested to do was to provide "Further and better particulars". That's what my ex was ordered to provide me in advance of the directions hearing. She ignored that and I had to turn up at the directions hearing still having no real idea of what I was supposed to be defending myself against. I raised this as an issue but the magistrate didn't really care, just pushed the case through to a contested hearing and once again ordered my ex to provide further and better particulars. She eventually did (again, after the deadline imposed by the magistrate), but it was just a collection of paperwork, letters from various people but nothing that actually gave me any further information about what specifically she was accusing me of doing. It was all a bit of a sham.

I eventually consented without admission mainly because I couldn't get legal aid and couldn't justify paying for a lawyer and given a respondent can't cross examine the applicant, I was even more behind the 8 ball than I would otherwise have been in a system where you're practically guilty until proven innocent. I wish I had contested it though, her case was extremely weak. After the police accepted the consent without admission, they admitted they had told her to accept the deal or they would withdraw their support. They knew it was weak. They just didn't admit it until after negotiations were over.
 

Kikenit

Active Member
30 March 2021
10
2
34
Melbourne
Who would be paying for her private lawyer? If police have pulled support why would legal aid help her. Legal aid has less money to piss up the wall than police.
Im guessing i cant email her lawyer and ask whose paying him.
 

GlassHalfFull

Well-Known Member
28 August 2018
483
45
714
Legal aid provide duty lawyers on the day to assist with basic hearings (mentions, pleas etc), but apparently won't provide actual representation for a contested IVO hearing. However, I did get told that by law they must cross examine the applicant on your behalf if you don't have private lawyer. What I'm not sure about is how that would actually work though. Like if they're ONLY cross examining the applicant as a witness but not otherwise handling your case, how much time do you actually get to brief them about what questions to ask?? Sounds like although it's a good idea in theory for them to do it, in reality they'll do a terrible job of actually helping you if they don't understand the case.

But back to your situation. I have no idea who would be paying for her lawyer, but legal aid might be. Just because police pull their support, doesn't mean legal aid would automatically do the same. They have their own policies and procedures. But yeah I agree legal aid wouldn't likely take up a case like yours I imagine. All signs point to her lawyer being privately funded by your sister. And no you can't ask the lawyer who's paying him. It's kind of irrelevant anyway. All that matters is that he's there.
 

Kikenit

Active Member
30 March 2021
10
2
34
Melbourne
The court order says im to "respond in writing". Should i tell sisters lawyer i want this to go to a contested hearing or do i ask the magistrate that at next hearing?
 

GlassHalfFull

Well-Known Member
28 August 2018
483
45
714
The court order says im to "respond in writing". Should i tell sisters lawyer i want this to go to a contested hearing or do i ask the magistrate that at next hearing?
Well to be honest, based on my experience, I would say just turn up and ask that it go to a contested hearing. I'm not really sure what you're expected to respond with in advance. I can understand that the court would want your sister to provide information on what she feels justifies an IVO but it's not up to you to defend yourself or say anything other than whether you want to contest it or consent to it until the contested hearing. There's nothing you should have to do to explain yourself until then in my opinion. But that's not a legal opinion, I'm just a punter having gone through the wringer with an IVO myself.