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SA Opinions on Family Law and ICL Costs?

Discussion in 'Family Law Forum' started by okanynameyouwishthen, 31 January 2016.

  1. okanynameyouwishthen

    okanynameyouwishthen Well-Known Member

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    Morning all,

    One party in a matter completely disregards existing family court orders & gets a date listed to hear an application in a case to present further evidence for court to consider as it has still not delivered ruling. Quite rightly the judge dismissed the application swiftly & basically told all parties to relax & wait for the ruling.

    Now the issue the party took offence to quite clearly states in orders that if this was to happen they were to contact the ICL involved as a 3rd party in the matter.

    Not only were the 2 issues complained of ridiculously frivolous, the orders were breached by the party's conduct of bypassing ICL & lodging application few days before Christmas.The party's lawyers then closed up for Christmas & upon returning, discovered that the registrar had allocated a date for hearing the next day!

    I was alerted by email at 3pm the day before & so was the ICL.

    This other party is legal aid funded as is the ICL, meaning 2 x taxpayer's $'s.

    In this scenario isn't the ICL policy obligated or something to apply for costs to be paid by this other party at the very least for the ICL's time.

    This total disregard for clearly stated actions to take...to my utter bewilderment not even a squeak was uttered by ICL, even as party's lawyer went on a lengthy rant, so determined was he to paint me even more sinister. Must have cost taxpayer's close on $1K combined!

    Not to mention it was clearly another perjured affidavit & I could easily show this to be the case if anyone cared to listen.

    Opinions under Family Law, anyone, please?
     
  2. Sophea

    Sophea Well-Known Member

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    Your lawyers have the right to make an application to have their costs paid if the application was unsuccessful and frivolous as you say.
     
  3. okanynameyouwishthen

    okanynameyouwishthen Well-Known Member

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    Self repper Sopphea. Seems just 1 more total disregard for supposedly showing a SRL a fair/level playing(?) field, that the judge forgot about in my particular matter. Of course, responding to a letter I sent ICL after the hearing seeking clarification on that & other points, she(ICL) did state I "should seek independent legal advice" but then, hey, I'm sure if I ask her the time I will get that parroted reply.

    Utter disgrace this crap system that wont change it's course until some pollies themselves get stonewalled & bureaucratically raped of civil rights and forced to watch your child's be stolen also with the kicker of, you being involved in an adversarial fight with other parent in first place becomes the principal reason why. Madness! Sheer madness!

    Any Pro Bono's able to help in appeal orders that stink to hell of predetermined anti father that had orders given to suit that hasty, wrong predetermination. Have bonus start off position of "operative delay" to awaken the most disinterested appellate court.
     

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