Notice of Discontinous- Property

[JoSam]

My ex has offered a Notice of Discontinous for an out of time property settlement application if each party pays their own costs. I want the application to be dismissed so I can move on, I’m the respondent. It was a short relationship (18 months) and is out of time by 4 years.

I have offered my ex Consent Orders for the matter to be dismissed so that our financial relationship is then finalised with each of us paying our own legal fees. My original response was for the out of time application to be dismissed and costs.

My question is that what reasons would there be to not agreeing to consent orders but preferring to file a Notice of Discontinous?

My ex has a barrister and their family is paying the legal fees so I think the reason is not financial. I just want it settled as we have been in the Family Law system for a year now. The case keeps getting adjourned as my ex isn’t disclosing financial information, although they have been ordered to.

Any thoughts?

Thanks.

 

[Atticus]

My ex has offered a Notice of Discontinous for an out of time property settlement application if each party pays their own costs.

So the NOD hasn't actually been filed?

If they were to file, as the respondent, under Rule 13.02 you are entitled to file for costs within 28 days of service the notice ..... Looks like they are wanting to avoid that by having you agree to cover your own costs before filing the NOD..

 

[JoSam]

Thanks for your input.

No, a NOD has not been filed yet. They are trying to avoid a costs order. The terms of the NOD is that I don’t seek costs.

 

[sammy01]

18 months?
Any kids involved?
Assuming no kids this should never have gone to court. They're trying to avoid a cost order but based on what you've written I can only assume this is frivilous and a cost order would be appropriate. But I don't have all the facts and as a rule parties are expected to pay their own costs... BUT to be put through this after only being in a relationship for 18 months? What sort of $$ was the other party wanting from you? and more importantly WHY?

 

[Atticus]

They are trying to avoid a costs order. The terms of the NOD is that I don’t seek costs.

Up to you if you accept the offer.... Fair enough if you just want it done with, BUT, if you've had to spend money on a lawyer, AND, given that they have not met their obligations as to disclosure even when ordered, then you should have some or all of your costs paid TBH... Can't see an application for costs knocked back based on what you've written, but always that risk..

Maybe you could ask for some of your costs & an agreement to not file for costs in exchange for agreeing to a NOD