VIC FVIO Applications weaponised in Family Law to stop SRL from direct cross examination

Australia's #1 for Law
Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!
FREE - Join Now

MissMacchiato

Member
27 July 2022
3
0
1
My ex is highly regarded in family law.

He applied for an IVO against me in 2019 to try and stop me from directly cross examining him in our family law proceedings.

He accepted a final FVIO without admissions, and I fought his application at every stage until he withdrew it as part of his agreement to settle by consent on the first day of our trial In 2020.

There is a history over decades of financial dishonesty, tax evasion, sexual misconduct, Centrelink fraud with a sibling, domestic violence, sexual abuse, making false statements to police, perjury, contempt, multiple bankruptcies, and prosecution by LSB for professional misconduct.

Appreciating that everyone who is a respondent in these matters says they’re innocent, the allegations are false, and they have the proof of it all, I’m cognisant of how I will appear and be perceived.

The allegations against me are:

  1. That I have made unfounded and baseless complaints to the ATO, Legal Services Board, Police etc.
  2. That I have made made unfounded denigrators comments about him on his clerks instagram page.
  3. That I have called him a sex addict, tax cheat, an abuser, a perjurer etc.
  4. That I have stolen $60,000 from him.
  5. That I have hacked his work email account, resulting in the publishing of privileged correspondence between him and his family lawyer.
  6. That I breached his previous interim order multiple times.
  7. That I have threatened to have him prosecuted for crimes he did not commit.
  8. And that I have attempted suicide, hurt, or tried to hurt myself.
The first application by him in 2019 was to make me go away, and to fit into the new commonwealth family violence cross examination scheme that would come into effect September 2019.

This second attempt comes just days after a Harman Application hearing where I was ultimately successful in having our entire family law file and the majority of a several thousand page court book, plus notices to admit and unfixed responses, and notice of risk, orders, and all case summaries and outlines, and all the Harman documents released to the ATO and another jurisdiction.

This application is made for the sole purpose of again shutting me down, but also to thwart a contempt matter before the same Judge.

The ATO have conducted investigations on my behalf and made findings in my favour, which have resulted in matters being prosecuted in other jurisdiction.

The ATO investigated him for tax evasion and I don’t know the outcome of that.

The LSB have around two dozen complaints which are currently open.

The police have confirmed in writing that the statement he made about an incident involving him and a female client was withdrawn, and that they saw him as a person who was not telling the truth.

The conduct of the applicant has meant I was made homeless and destitute.

I was also unable to get any legal support whatsoever because of who he is, and who he knows. Even lawyers told me this.

The various services that would normally be open to this kind of issue are closed to me because of the complexity of the case, and the complexity of the background circumstances.

No one wants to touch me, or take this on.

I am not a disgruntled family law party, nor a vexatious litigant.

I will need to make another Harman application back to the Judge who’s only just dealt with the first one, and to other jurisdictions to be able to use the material filed to support the defence I intend to mount against his application.

I know the easy way out would be to accept an order without admissions, but this is not possible, nor would it be helpful in my situation.

I am dealing with someone who is the quintessential poster boy for every psychopath who says and does whatever suits him in the moment without regard to consequences.

I don’t need advice or nice suggestions about how to proceed.

My question is this: Is there any lawyer who is willing to take this kind of case on, and help me either probono, or will file an application for special funding with VLA for full representation, to enable me to properly defend against this man who uses his profession as a blunt force weapon against me?

*** As a side note, perhaps I should highlight that when I say contempt, I mean it in the legal sense, with charges, an indictment, and a brief of evidence to support every charge. It’s not a word I use without understanding it.