LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

NSW Federal Circuit Court - Hard Time Communicating with Solicitor?

Discussion in 'Family Law Forum' started by Mum79bronte, 24 August 2016.

  1. Mum79bronte

    Mum79bronte Active Member

    Joined:
    17 August 2015
    Messages:
    14
    Likes Received:
    0
    I am representing myself in a case in the Federal Circuit Court. My ex has recently (3 months ago) engaged a lawyer to represent him. In the last few weeks, it has been necessary to contact his solicitor for a few things. My problem is that he never responds to me.

    He asks for a confirmation I have received his documents - I respond that I did. I ask him to respond that he received my documents - nothing. I ask for a clearer copy of part of the document he sent me as it's illegible - no response.

    The ICL asks him for the same thing and receives it within a few hours.

    Am I doing something wrong here or should he be responding to me and is there any way to address this?
     
  2. AllForHer

    AllForHer Well-Known Member

    Joined:
    23 July 2014
    Messages:
    2,319
    Likes Received:
    423
    No, you're not doing anything wrong, but your ex does have to pay his solicitor every time he emails you. He has to do the same for correspondence with the ICL, but it's to his benefit to cooperate with the ICL. It's not to his benefit to cooperate with you, especially at his own expense.

    It's probably better just to direct correspondence to the ICL and just CC your ex's solicitor into the email.
     
  3. Rod

    Rod Well-Known Member

    Joined:
    27 May 2014
    Messages:
    2,149
    Likes Received:
    256
    If talking to the ex, maybe explain that until his agent complies with your simple requests, you will now do things your way, not his or his agents. Do not say anything about how you intend to manage your case. Keep him in the dark as much as possible. Stop co-operating until they treat you with respect. By refusing to acknowledge your email because it costs an extra dollar or 2, it implies more than wanting to save a dollar or 2, it is disrespecting to you as a person and it shows a lack of good faith.

    Stop being nice and start playing by your rules, not his.

    Break up any of your correspondence into smaller chunks (one issue per email) and send through multiple emails to his solicitor/your ex. If a second meaning can be read into anything, send back an email asking them to clarify 'do you mean x or do you mean y'. If something is illegible refuse acceptance of the whole email. Keep your records for your day in court.
     

Share This Page

Loading...