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VIC How to Get Caveat on My Property Lifted?

Discussion in 'Family Law Forum' started by Mardi, 8 September 2016.

  1. Mardi

    Mardi Member

    8 September 2016
    Likes Received:
    My ex has not made a financial disclosure for property settlement. The conciliation hearing is in 13 days and the disclosure was due in July and I received nothing.

    I have made my disclosure. I suspect that my ex may has hidden funds as he was bankrupt when we married and is still bankrupt when we split (18 months later). He has been bankrupt before for a large sum of money and I fear that he knows how to hide money.

    I'm only interested in getting on with my life. However, I need to have the caveat that he put on my property lifted, and I would like to file for contempt of court and recover my costs.

    I would like to know how to do this as I am unable to afford the lawyer anymore after spending around $10,000 already.

    The pool (my pool) is currently around $40,000. My pool at the commencement of the relationship was over $200,000. Can anyone help?
  2. Matthew Lynch

    Matthew Lynch Lawyer
    LawTap Verified Lawyer

    18 July 2016
    Likes Received:
    To have the caveat lifted you need the Family Court to make an Order to do that. The Court will only make that Order after you have had a hearing.

    A conciliation conference is not a hearing. It is a mediation. At the conciliation you should tell the Registrar that he has not made any disclosure. If you previously issued letters to him about disclosure then bring those. Ultimately though the registrar has no power to compel him to do anything because they are just a Registrar and not a Judge. You can ask the Registrar at the conciliation conference to list the matter before a Judge at the next Court date so that the Judge can force him to disclose.

    Do you have any idea where he is hiding the money? You can file a document called a subpoena to institutions like banks or individuals like his friends to provide any documents relating to him and his finances. Or you can subpoena individuals to come to court to give evidence.
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