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WA How to Calculate Damages for Refusal to Remove Caveat?

Discussion in 'Family Law Forum' started by Cimara, 17 March 2016.

  1. Cimara

    Cimara Active Member

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    Hi,

    My solicitors advised that I am eligible to apply for damages for caveats placed on properties (which the Family Court has ordered for them to be removed, but applicant still has not removed them).

    Caveats were ordered to be removed on orders made 29 January. The applicant was given 7 days to remove them. It's now nearly 2 months and caveats are still on the property. So my solicitors advised I can apply for damages.

    How do I calculate how much to seek for damages? What sort of evidence or information do I need to collect to support the claim?

    I've had to borrow money from relatives to pay for my rent due to inability to access the equity on my properties, total borrowed sum of $50k. And I'm unable to pay for my children's private tuition fee on time due to these caveat being in place.

    Any clarification on the process will help.
     
  2. Tim W

    Tim W Lawyer

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    You should take the advice of the solicitor you already have.
     
  3. Cimara

    Cimara Active Member

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    Hi,

    My solicitors aren't really pro-active and every time I ask them a question I get charged for the answer. I managed to get the court to order caveat removal thanks to the help of someone in this forum because my solicitors hadn't seen the caveat itself and I wasn't aware of the "Caveatable interest" argument until someone here mentioned it. So then I passed on to my solicitor.

    So I'm hoping someone here can help me further in regards to seeking for damages compensation.

    I know I may need to change solicitor, but I am overseas and I need someone to do the legwork for me. Changing solicitors is very difficult I find.

    Please help.

    Thank you
     

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