NSW Locked out of partnership business from ex during separation

[Atticus]

Mediation rejected my offer because simply there are kids on the application AVO.

Did the mediator give you a section 60I certificate stating your case is unsuitable for mediation? .... If not, call them & get one, you'll need it to file for parenting orders..

I think your are wasting time & money (neither of which you want to waste) having your lawyer send letters to this person. If it were me, I would be instructing lawyer to file an initiating application for property settlement NOW, along with urgent interim orders, in part seeking an injunction on her further dealing with any facet of the business (apart from perhaps normal day to day trading) without your written consent..

If you have that s60I certificate (or can get one issued by mediator quickly), I would include parenting orders in the initiating application, along with urgent interim orders for whatever amount of time you can realistically handle to have kids..... If you can't get the s60I certificate, ask the lawyer to include an application & affidavit for exemption from s60I on the grounds of urgency & family violence

my lawyers agree she is acting way out of line

Agree, & seeking orders is the only thing that will pull her back into line.... Don't waste any more time & money on letters is my advice

 

[Vas77]

Did the mediator give you a section 60I certificate stating your case is unsuitable for mediation? .... If not, call them & get one, you'll need it to file for parenting orders..

I think your are wasting time & money (neither of which you want to waste) having your lawyer send letters to this person. If it were me, I would be instructing lawyer to file an initiating application for property settlement NOW, along with urgent interim orders, in part seeking an injunction on her further dealing with any facet of the business (apart from perhaps normal day to day trading) without your written consent..

If you have that s60I certificate (or can get one issued by mediator quickly), I would include parenting orders in the initiating application, along with urgent interim orders for whatever amount of time you can realistically handle to have kids..... If you can't get the s60I certificate, ask the lawyer to include an application & affidavit for exemption from s60I on the grounds of urgency & family violence


Agree, & seeking orders is the only thing that will pull her back into line.... Don't waste any more time & money on letters is my advice

Yes the mediation ppl gave me a 60I certificate.

 

[Atticus]

Yes the mediation ppl gave me a 60I certificate.

Excellent ... that will make it easy to file initiating & interim orders for property & parenting orders together.

 

[Vas77]

Sent her a final letter
because of covid-19 delays it seems i'll have my hearing for the ADVO before i can get a court order in time and most likely the court will issue a supervised visits
So i have asked for supervised visits private wich should happen within 1 week if she agrees, I have to pay but it's the only way to see my kids before the hearing. I cannot wait for the hearing. She was also reminded that she agreed to videochat with my kids ever wednesday since june and this has not happened.

She already ceased operation of our partnership business without my consent.
my lawyer responded that it's disingenuous of her to make refunds to 2 dozen clients without my consent and send a letter making an offer 2 days later.and claim the business is worth nothing.
I also found out she cancelled job herself which there was no need to cancel and also i am writing a few jobs that industry peers wanted to contact her for but since she closed down business and number they cannot contact her to give the jobs.
We have requested since she claims the business is not operating she hand over
1. All the business documents;
2. The computer used for the business;
3. Password access to Next Level Weddings’ Instagram page; and
4. Keys and access to storage for the business.
We are awaiting a reply

Today i found out that she did a job last week with our stuff items from the business under another business name which is unregistered name and she is on government payments. Now should i report this to the ATO too or let my lawyer deal with it?
It has been stated i our letter that if children visits dont happen and she doesn't hand over full and frank disclosure we will commence court proceedings

 

[Atticus]

Today i found out that she did a job last week with our stuff items from the business under another business name which is unregistered name and she is on government payments. Now should i report this to the ATO too or let my lawyer deal with it?

As she is using the joint business assets, I would be having the lawyer deal with it.