VIC How to Write a Statement to Magistrates Court?

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Wai

Well-Known Member
21 November 2017
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Hi,

Anybody know how to write a statement for Magistrates Court? What should I list on the statement?

I want to represent myself on the Magistrates Court. I can't afford to pay a solicitor.
 

Tim W

Lawyer
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28 April 2014
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For what purpose?
 

Tim W

Lawyer
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Looking at your other posts, in particular your request to conceal your earlier posts,
does not incline me to give you all that much help.
That's because the value for later readers of this site is in
the accumulated knowledge to be found in other people's posts.

My advice is simply this - use a numbered list, and say what you want to say, in a logical order.

I concur with the view of @Rob Legat - SBPL above - that you need the advice of a lawyer
with expertise in property law (in particular, with remedying encroachments)
in Victoria.

Frankly, you've had as much free help as is reasonable.
You are well past the point of "DIY" in this matter,
and we don't (indeed, cannot) do personalised case-specific advice here.
 

DMQC

Well-Known Member
29 June 2016
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314
Do I need to give copy of evidence to my neighbors? Thanks

When you file the complaint at the Court you will have three copies - one for the Court, your neighbour and the other copy if for your records. All will be stamped and signed by the registrar.

You will need to prove you served the paperwork on your neighbour and you can either send it by post or you can pay a bailiff/sheriff in your state to do it for you when you lodge the claim at the Court. If you send it by post, best to send it express/registered, that way it is prompt (particularly given it is around Christmas) and it also requires signature on delivery, in addition to delivery confirmation.
 

Wai

Well-Known Member
21 November 2017
18
0
76
Thank you very much. Normally how much will it cost if I apply for adverse processions?

Thank you.
 

Wai

Well-Known Member
21 November 2017
18
0
76
My neighbors built a new fence at the old position without giving us any notice. Should I say the new fence is not at the right position or I should tell the whole story at the court?
 

Tim W

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How good is your evidence of where the boundary actually is?
 

Wai

Well-Known Member
21 November 2017
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We have a survey report. The old fence was there for more then 15years inside our property. The neighbors built a new fence without our agreement. The new fence is also inside our property.