QLD How to Initiate Cross-Claim in Federal Circuit Court?

[Complex16]

Hi all,

I am just after some guidance, please. I am now self-representing in the Federal Circuit Court and I have the first court date coming up in early December so I am busily getting my affidavit and those of witnesses together.

My ex has sought parenting orders (and is legal aid funded so will have a solicitor representing him). I would also like to cross-claim for property settlement.

Do I have to commence a new initiating application or am I able to commence this cross-claim in my response form/document?

Also - how do I go about getting his bank statements presented, filed? Would he be required to present these as part of a property settlement?

Thanks for any assistance you can provide.

 

[NeverEverGiveUp]

Hi,

I'm not a lawyer, just been through similar situation only my ex was funding his private lawyer from our property pool and boy did it dwindle away as the matter progressed. Our pool began at approx 1 million (all shares and cash, no actual property involved) by the time our matter got before a judge the pool stood at $300k and rest was not able to be found on paper and even to try finding it was going to cost more than what he'd taken out of the pool anyway!

I learned (in my situation) I should of run them as two separate trials. He initiated the children's matters in the federal circuit court, though they quickly escalated into the family court within 6 months and just 2 appearances in front of registrars.

I guess your 1st question is to estimate your pool and see if you can have the money matter heard in a local magistrates court, otherwise the format for them run together is that the settlement will not be heard until the children's arrangements are finalised weather that be final orders by a judgement of the court or final orders by consent between the parties.

But know that these matters (if is one that goes to trial) the whole process start to finish will take 3-4 years with plenty of opertunities along the way to have parties come to their own consenting arrangements.

Don't waste money now on lawyers to act, self acting is ok at this point however if you make it all the way to final hearing, ensure at trial your represented by a competent barrister or your guaranteed to be on the losing team. A judge, (though will never say you are disadvantaged by self rep), wants to see his big wheel turn and all in his profession be paid so those marbled toilet seats he sits on can be polished before he sits and lined with gold toilet paper for his comfort. Self rep only works if both parties are without legal representation.

Try to reach agreement between yourselves or all the money will be taken by the court to pay your lawyers along the way.

Good luck, it's a tough journey.

 

[Complex16]

Thanks so much for your reply ourlawisnotfair. Timeframe wise I'm not in a hurry for property settlement, I just want it sorted one way or another so that I can move on so I guess in that respect I'm ok with it being heard concurrently with parenting matters.

Due to that I just need to know if I can address in my response or is there a separate form that needs to be filed to indicate that I am also cross claiming for a property settlement? Do we both have to produce our bank statements as part of property settlement? I'm hoping that we do...

I'm sorry to hear that your property pool dwindled so low compared to where it began, that must have been incredibly frustrating.

I'm ok to self-represent for now but do plan on engaging a barrister for trial, if that is where it ends up. I spent all my money on solicitor fees for another matter (DV) and so I'm really left with no option bur to self-represent right now. I just need some initial assistance with correct procedure. I have downloaded and read the FCC rules and I either missed the information on this or couldn't otherwise locate it.

 

[Matthew Lynch]

In your Response you seek financial orders as well as parenting orders.

Parties have an ongoing obligation of full and frank disclosure - you can send the other side a letter requesting disclosure or you can request the documents from the court. In the interim orders sought you can put a list of the documents you would like disclosed.

 

[Complex16]

In your Response you seek financial orders as well as parenting orders.

Parties have an ongoing obligation of full and frank disclosure - you can send the other side a letter requesting disclosure or you can request the documents from the court. In the interim orders sought you can put a list of the documents you would like disclosed.

Oh, ok awesome, thank you! I found out from the court today about just seeking the financial orders within the Response document, but that's good to know that I can request disclosure of the bank statements. Might be a dumb question then but should I provide mine straight up or wait until directions?

 

[sammy01]

Wait for direction.

But can you help me? It was my understanding that legal aid don't do assets and legal aid won't represent in court? They help with mediation but not court proceedings.

 

[Complex16]

Wait for direction.

But can you help me? It was my understanding that legal aid don't do assets and legal aid won't represent in court? They help with mediation but not court proceedings.

Ok, that's what I though. Happy to wait!

He has legal aid funding for a private solicitor to act on his behalf and I do believe this is just for parenting, not property. Surely I can still cross-claim though and how he and his solicitor deal with the fees is up to them?