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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.
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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