VIC FCOA - How do I make someone comply with a Final Order?

[CourtScamVictim]

I couldn't remove my previous post as the timer ran out.

Does anyone know of any law firms who help with obtaining Enforcement Notices for non-compliance of FCOA Final Orders?

I've been speaking to firms and they cannot help as they tell me "we need at least $20,000 upfront just to prepare documents".

LIV/VLA gave me a 22-page list of law firms, I've called and emailed and nobody wants to help.

 

[Noel Harris]

Enforcement doesn't have to mean starting from scratch or facing that kind of upfront cost. If the order relates to money or property, there are enforcement mechanisms under the Family Law Act, including enforcement warrants, third-party debt notices, and applications for specific enforcement orders, that don't require the same volume of paperwork as a full property dispute. If it's a parenting order that isn't being followed, the contravention provisions allow the court to make a range of orders, from make-up time through to penalties, depending on how serious and repeated the non-compliance is.

A $20,000 quote suggests you may have been speaking with firms geared towards complex, contested matters rather than a targeted enforcement application, which is often a more contained (and more affordable) piece of work once the underlying order already exists. Enforcement can sometimes also be progressed faster and more cheaply through alternate dispute resolution or a properly worded letter before resorting to court at all.

We'd encourage you to get a clear, itemised quote from a firm that focuses specifically on family law enforcement work, the cost of an enforcement application is very different from the cost of running a final hearing, and you shouldn't be quoted as if you're starting the whole case over again.

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Disclaimer: Please note information in this response is general in nature and should not be treated as legal advice. It may not be complete or up to date for your specific situation. Independent legal advice is always recommended.

 

[zexememo]

I realize this is from a while ago, but have you considered reaching out to a community legal center? They often provide advice on enforcing court orders at a lower cost. You might also want to check if there's any self-help information or workshops available. Sometimes even a small consultation can point you in the right direction without a hefty fee upfront.

 

[CourtScamVictim]

Hello everyone. I wasn't expecting any responses, anyway, I'll give an update.

I went through the process of VLA and LIV (+ 20 or more firms) and apparently nobody can help with a simple "Enforcement Notice" application. I even self represented myself and the Registrar couldn't understand what I wanted when I explained to her that I had a Final Order that was not complied with and that I was seeking an Enforcement Notice against the original applicant to have them comply with a title transfer they're refusing to do.

Like my case is clear black and white, the order says the applicant had 60days (5yrs ago) to do a title transfer at their own expense. They've still not done so. What's so expensive and complex about this? The order did also state that if they failed to do so, that the court could sell the property. I just need a lawyer to front a Registrar (I could reuse my documents and get them re-dated, signed with a JP etc.) and "better ask for" my enforcement notice that the Registrar didn't understand I was asking for...

This is driving me insane, like I just want to move on with my life but this situation has gone on for years and I get severe anxiety just thinking about this nightmare.