VIC FIVO (Victoria) question

[Anthony Murray]

A FIVO application was made against a family member, no interim order was granted despite 2 court appearances and requests by the Other Party (OP). OP was to file further and better particulars by a certain date/time. The OP has not filed by the due that date / time. Family member and I have spent a few thousand to date defending this.

The OP has filed 2 FIVO applications against in the past, didn't show to court and thoses cases were dismissed. Can I apply to have this matter dismissed and seek costs for the recent application?

I would also be seeking an extended litigation restraint order against OP as they have stated in an open letter that the FIVO application was made to punish me for an apparent contravention of parenting orders.

Would appreciate any opinons before spending more on a solicitor and barrister.

 

[CSFLW]

Are there family law matters on foot?

 

[Anthony Murray]

Hi, yes there is a Compliance and Readiness Hearing coming up late this year.

Can't edit main post. FIVO application was made within 2 weeks of consent orders being signed. Further Family proceedings have commenced since then

 

[CSFLW]

Okay. Be careful how you (or your friend) approaches the FVIO proceeding in light of the family law proceedings.

If the applicant in the FVIO proceeding has failed to provide further and better particulars you should put them on notice that at the next hearing you will ask that the application to be struck out.

I have not seen the application and summons, or the current orders, but the Court will most likely extend the time to file further and better particulars in the context of family violence allegations.

 

[Rod]

Can I apply to have this matter dismissed and seek costs for the recent application?

Yes, and the open letter should be submitted to the Maggies court in an affidavit or as part of the family member's reply to further and better particulars.

extended litigation restraint order against OP

Have them declared a vexatious litigant. See your lawyers about how to make the application.

 

[Anthony Murray]

Yes, and the open letter should be submitted to the Maggies court in an affidavit or as part of the family member's reply to further and better particulars.


Have them declared a vexatious litigant. See your lawyers about how to make the application.

Thank you so much Rod, I appreciate the advice