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Family Law Matter - Sue for False Information & Emotional Stress?

Discussion in 'Family Law Forum' started by BlindOne, 20 April 2015.

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  1. BlindOne

    BlindOne Member

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    Can I sue my ex for taking me back to court for false information & emotional stress? Due to making me spend the money I been saving up for some time to get my daughter a car. Now I can't cause I have to pay a lawyer with the money I had saved for the family law matter.
     
  2. hlly

    hlly Well-Known Member

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    You won't be able to sue for distress. You can recover your legal costs with a costs order. Talk to your lawyer your concerns seeing as you have one anyway
     
  3. AllForHer

    AllForHer Well-Known Member

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    I agree with the above, you can't sue for damages as a result of emotional distress, but you can try and have a costs order made in your favour to cover some of your legal expenses. There is a provision in the Family Law Act 1975 that says each party is expected to fund their own costs, but there are limited circumstances where costs orders can be made such as vexatious or frivolous proceedings.

    If you want to save costs, you can self represent, or you can organise a family dispute resolution conference to try and reach agreement without court intervention. Family dispute resolution costs about $150, while representation during proceedings will cost closer to $20,000. I hope this helps.
     
  4. jromano

    jromano Member

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    Just to be clear, even if you are awarded a costs order, it ends up being about 30% to 50% of your total legal costs, so even under best scenario you are far from retrieving your real costs.
     
  5. praxidice

    praxidice Well-Known Member

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    Is it any wonder so many of us have nothing but contempt for the law !!!!!
     

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