VIC I'm going to lose my home due to "Unjust Enrichment" (HELP!?)

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D

Deleted member 34902

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So I just attended a pre-trial at the Victorian Family Court last month and now have a 3-day trial in October.

The applicant's representatives said to the judge that I was "Unjustly Enriched", claiming the home ended up in my name due to Domestic Violence and Mental Impairment. The judge basically agreed and made up her mind whilst my legal team sat quiet and said nothing.

Now my legal team is forcing me to agree to losing everything as they believe the judge has already made their mind up and not bother going to trial as there is virtually no defence for "Unjust Enrichment" and that all my evidence to the contrary:
a) proof I'm a gifted major from the applicant (my estranged mother) stating her intentions to the people I signed contracts with
b) proof that no domestic violence had ever occurred (police subpoenas)
c) proof that the applicant had no mental health issues before and after I purchased my property (doctor letters)
And that none of these can be used regardless because of this "Unjust Enrichment" term. According to my lawyer, despite my funds being obtained lawfully, "Unjust Enrichment" trumps virtually everything.

I was advised to take the offer of being compensated $10,000 for losing my First Home Owner's Grant and that's it. No contributions (over 30k) returned, no getting my first home owner's grant legibility restored, no getting my furniture, personal items or pets back. NOTHING.

I felt so betrayed by my lawyer and felt like she not only stabbed me in the back but also in my heart. The applicant lost her first legal team because she was caught out to be a liar and failed to comply with anything; now she got a probono firm who's changed her story and convinced a judge simply by 20seconds of hearsay and zero submissions that I'm "Unjustly Enriched" and the judge just ran along with it at the pre-trial and scared my legal team away- who were originally confident in my case and ruined the applicant's credibility.

What on Earth do I do? I spoke to my lawyer and I felt like her tone had changed to the point where she just couldn't be bothered with me any more and wanted to take the easy way out. I've been asking around getting opinions problem is, I don't have the money to get help and I cannot get my home caveated for whatever reason. So I'm stuck between a rock and a hard place here. How can a judge make such a comment at a pre-trial despite not seeing or hearing anything?

I also don't understand how the applicant was allowed to commit perjury, submit a fake contract and change her story multiple times and finally resort to this claim after making different claims before hand. I thought it was illegal to deliberatly deceive a court and falsify documents, as well as swear on them and submit them as evidence. I feel like this is turning into a massive miscarriage of justice.
 
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Rod

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If you are looking around for new lawyers contact our family law team.

The other side still needs to prove unjust enrichment before a judge can rule on it.

If the claim has changed, you should also be seeking costs, and attacking the credibility of the applicant if they have already been proven to be a liar.

Was it a pre-trial conference (mediation) in the Federal Circuit Court? In which case it is without prejudice and no 'evidence' is produced to the court.
 
D

Deleted member 34902

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Hi Rod thanks for the reply.

Basically so far this is what the applicant has claimed/done since this issue began:
When I asked her to vacate my home: She tried to force me to sign my home onto her and tried to drag me to some firm in Williamstown, she even drafted the things for me to sign, and blackmailed me (this firm told her that they couldn't help her as my lawyer/conveyancer provided them with something proving that I was gifted funds to buy my home)
Prior to an IVO hearing: she filed for a caveat for one reason (there was a contract), it was removed as she failed to produce it and then filed for a second caveat with another firm claiming some kind of trust
In the Magistrates Court: she lied to police and the court saying she was the owner of my property- resulting in me being evicted from my own home
In the Magistrates Court: said under oath when asked "how was the house on your son's name?" She said my father done a Tony Soprano and swapped her contract with mine and that my conveyancer was "in on it" (got it transcribed)
In the Supreme Court: she claimed I coerced her
In the Federal Circuit Court: she initially claimed my father used domestic violence and forced her to sign the home onto me
In her original affidavit: she produced a fake contract page with her name on it, I submitted mine sourced from the vendor that had my name, she claims my conveyancer destroyed her contracts
In the Federal Circuit Court (her new legal team): claims "Unjust Enrichment" now and I think mental health reasons were now mentioned and she claimed another conveyancer was involved

That's all I remember off the top of my head, there's like 101 different changing stories. And I thought perjury and being deceitful was illegal... To date as this has dragged on for 2yrs now, she has failed to comply with document requests from legal teams- which is probably why her original legal team pulled out as they claimed she was a "difficult client".

It was the Pre-trial conference at the Fed. C. Court in Melbourne. I now have a 3-day trial later in the year.
 
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D

Deleted member 34902

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Are there any law firms out there who take on the rare case or sense harsh wrong doings and would be willing to at least examine the case? I don't really have the money bags. Like a consultation would literally empty my account to put that into perspective, so its kinda pointless for me at the moment when you think about it- you do a consult, lose all your money and that's it? It's really going to suck if I lose my home because I simply "couldn't afford a lawyer/barrister".

Legal Aid doesn't help home owners for some reason and for some other reason nobody wants to caveat my home. So do I just start a go fund me? Or do like some and basically have a cry and hope someone decides to help?

Anyone know of any homeless shelters I can go to? Because I think this is where I'm going. You'll probably find me in the city streets, I'll sleep in front of the Family Court.
 

Rod

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Ask our family law team if they'll operate off a caveat.
 
D

Deleted member 34902

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They cannot because my home is being disputed. 😤

Maybe I should just demolish my home... 🤣

I wonder if there are legal repercussions for destroying your own stuff... 🤔
 

Rod

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27 May 2014
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