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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.
     
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  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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  6. Trying68

    Trying68 Well-Known Member

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    Totally agree. Why is it that when things go bad in a relationship that the people that try to do the right thing seem to be the ones that have to prove their innocence. Why do the liars who manipulate everything sit back smiling for all the stress & heartache they caused. Why don't they have to prove what they say is the truth?

    The system seems to be a circus run by clowns. Excuse any spelling errors, not a strong point.

    If everyone who is on the receiving end of a partner who has done nothing but lie & make false allegations that is causing the children heartache, emotional stress & problems for them in future years, these sort of people don't have the child's best interest at heart at all.

    There are men & women support services, family services. etc. I think we need a strong organisation for the parents who are fighting battles all the time because of manipulating self-centered people.

    If women & men could use something like this, get enough people, create enough attention, maybe there might be a chance that the decent parents might get a fair go.
     
  7. praxidice

    praxidice Well-Known Member

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    I do a lot of advocacy for victims of the guardianship racket.This is easily the worst form of human right abuse ever conceived and to add insult to injury, the scum who perpetuate the racket have been endowed with total protection. What brainless clod of a politician conceived kangaroo courts which are not required to observe rules of evidence, which can inform themselves any way they wish, which are not required to determine the truth or otherwise, and which can block all avenues of appeal to a proper court ?

    If perchance the uber-arrogant thugs masquerading as quasi-judges were only allowed to handle small debts matters it might not be so bad, but unfortunately they have been given native jurisdiction over issues which destroy lives, plunder estates, kill more victims than most wars and which ranks Australia as the most corrupt regime on planet earth.

    A United Nations representative we met in Brisbane in September 2016 told us that Australia is far worse than North Korea in terms of human rights abuse, more so because of the official policy of hiding problems rather than fixing them.

    It is extremely difficult to explain the extent of corruption to those who have not been personally touched by it but notwithstanding that we have made giant steps forward and we expect to see a few key players behind bars in the foreseeable future.
     
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  8. Trying68

    Trying68 Well-Known Member

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    Awesome post praxadice. After I was informed by child support about another false claim I asked them if my ex was drilled with questions for 30 min! We all know the answer. She will be asked by the case manager when he investigates her claim

    I am looking forward to talking to him. These people in gov positions think they can get away with filing false claims, etc in my mind. He has not done his job at all. I want him to be accountable for his actions filing false claims. It's just as bad & wrong as person making a false claim.
     
  9. Hoang Trang

    Hoang Trang Well-Known Member

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    Has your ex made false claims to Centrelink and child support too? Geez I thought I was the only poor soul being bent over
     
  10. Trying68

    Trying68 Well-Known Member

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    Both centrelink & C S so mate you not on your own
     
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