LawAnswers.com.au - Australia's #1 Legal Community

LawAnswers.com.au is a community of 10,000+ Australians, just like you, helping each other.
Ask a question, respond to a question and better understand the law today!
Join us, it only takes a minute:

VIC Is Barrister Necessary at First Mention for Property Settlement?

Discussion in 'Family Law Forum' started by SamanthaJay, 4 July 2016.

  1. SamanthaJay

    SamanthaJay Well-Known Member

    Joined:
    4 July 2016
    Messages:
    84
    Likes Received:
    9
    My solicitor would like to brief a barrister for the First Mention coming up for a propety settlement. I do not have the proposed funds required. I've written to tell solicitor this and have asked can we proceed without a barrister. Yet to hear back. I was of the impression that a barrister would be more than useful at the final hearing.

    Appreciate any help as to the necessity of briefing a barrister at this stage. I understand the expertise of a barrister.
     
  2. SamanthaJay

    SamanthaJay Well-Known Member

    Joined:
    4 July 2016
    Messages:
    84
    Likes Received:
    9
    I've spoken to my solicitor and he is fine with going ahead without the barrister.
     
  3. AllForHer

    AllForHer Well-Known Member

    Joined:
    23 July 2014
    Messages:
    2,319
    Likes Received:
    423
    Good, I was going to say that you won't even need your lawyer at first mention. It'll last two minutes and then you'll likely be sent away to attend a conciliation conference or similar.
     
  4. SamanthaJay

    SamanthaJay Well-Known Member

    Joined:
    4 July 2016
    Messages:
    84
    Likes Received:
    9
    Thank you. He said that we might not even end up before the judge! My ex is extremely abusive and in denial about me being entitled to any kind of property settlement so I'm hoping he won't turn up and the judge will grant my requests. They are going to arrange a safe room for me.
     
  5. AllForHer

    AllForHer Well-Known Member

    Joined:
    23 July 2014
    Messages:
    2,319
    Likes Received:
    423
    Property settlements move slowly. While you might see a judge at the interim hearings, you may not end up at trial before a judge because you may settle by consent (95% of cases do, even the most abusive ones). It usually just takes a solid dose of legal advice for a difficult party to realise that their position may not be backed up by the law, which is what motivates them to settle in mediation rather than by trial.
     
  6. SamanthaJay

    SamanthaJay Well-Known Member

    Joined:
    4 July 2016
    Messages:
    84
    Likes Received:
    9
    I appreciate your insight. I really have no idea what to expect. That is a relief to read that they'll usually settle. From what our 22-year-old son has said, my ex hasn't sought any legal advice. I'm worried about what will happen if he just ignores everything.
     
  7. AllForHer

    AllForHer Well-Known Member

    Joined:
    23 July 2014
    Messages:
    2,319
    Likes Received:
    423
    Well, he's in for a shock, then. :)
     
    SamanthaJay likes this.
  8. SamanthaJay

    SamanthaJay Well-Known Member

    Joined:
    4 July 2016
    Messages:
    84
    Likes Received:
    9
    Thanks AllForHer. Just receiving a letter from my solicitor was a shock but he really believes I have no entitlement.
     

Share This Page

Loading...