QLD Other Party and Lawyer No Longer Working Together - What Now?

Discussion in 'Family Law Forum' started by Jake Matherson, 7 December 2018.

  1. Jake Matherson

    Jake Matherson Well-Known Member

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    Just wondering what might happen at my next hearing.

    The other party and their lawyer are not working together.

    Essentially I think it comes down to the other party not paying the lawyer, therefore, the lawyer has stopped responding all emails and doing what's required. There has been no response to repeated emails from me and the ICL in our matter.

    Emails that any ordinary lawyer/person would respond to i.e regarding confirmation that the other party has complied with previous court orders. Not replying would be a contravention.

    The lawyer filed a notice of intent to withdraw however the process was never formally completed and they still act for the other party.

    When we rock up to court and the other party's lawyer is a no-show and/or shows up but has not done anything over the past two months that is required of them. Taking into account that the other party has not complied with any orders so far (mandatory drug testing, enrolment into classes etc.)

    Any insight on what might happen?

    I am fearful of an adjournment for the other party to get their stuff together and explain why they have not complied. When I would prefer things just moved along.

    Unfortunately, the next hearing is directions only. So I am less optimistic about anything major happening.
     
  2. Migz

    Migz Well-Known Member

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    Jake, I understand that the child is living with you and the childs grandparents (your Mum and Dad). Should the other party fail to turn up, you need to push this to an early trial, after reading over your case, it sounds like it will be a slam dunk in your favour. The mother has failed to submit to numerous drug tests. You are well within your rights should the other party not attend to seek an early trial, and request that the next court date be set down for a "Trial Call Over" at the earliest possible time. Do not allow the Judge to drag this on.
     
  3. Jake Matherson

    Jake Matherson Well-Known Member

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    Thanks for the reply. Requesting trial dates is already on the top of my to do list.

    I have no doubt that the other party will rock up. My doubt lies with the other parties lawyer not rocking up on account of not being on good terms with my Ex.

    My Ex would then say something along the lines of I need time to sort my mess out via a free duty lawyer on the day and my fear would be that my Ex is then granted an adjournment to sort herself out and we are forced to delay.

    Essentially I'm trying to avoid unnecessary delays and she would be trying to stall as much as possible. I was just wondering if there was anything to combat this besides requesting costs to be awarded.

    Just thinking out loud on here and wondering what any of the lawyers that are on here do when they don't get paid.
     
  4. CSFLW

    CSFLW Well-Known Member
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    Hi Jake

    If the lawyer filed a notice of intent to withdraw, they have to wait 7 days before filing the notice of withdrawal.

    Regardless, your ex must turn up.

    Before I comment on setting trial dates, what is the next hearing about?
     
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  5. Rod

    Rod Lawyer
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    Apply for costs if they have not complied with directions/orders and they seek an adjournment.

    Probably won't get costs, but worth a shot as you may get a sympathetic judge who may grant it.
     
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  6. Jake Matherson

    Jake Matherson Well-Known Member

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    Hi CSFLW,

    Lawyer filed a notice of intent to withdraw ages ago but never proceeded with the withdrawal process. Currently they still act for the other party.

    Next hearing is a directions hearing.

    I will have completed all parenting courses, drug tests, alcohol tests, psyc tests. Basically everything they have thrown at the both of us.
    The other party has not done any of it.

    There are child safety matters that prevent the child living with the other party.
    The other party won't sign consent orders for the child to live with me (I haven't asked but i know it to be the case).

    Therefore my only option is to have orders made by a court and lay this to bed. I don't need this to be dragged on for another year for no reason hence seeking trial dates now.

    Cheers.
     
  7. CSFLW

    CSFLW Well-Known Member
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    Jake, if the next hearing is a directions hearing, the judge (99%) cannot make orders unless the other party consents to the orders.

    In terms of a trial date, you cannot request a trial date as the court has its own timetable and the court may not be satisfied that the matter is ready for trial.

    The best thing to do is to bring to court a proposed minute of orders you seek and see if the other side will sign them.

    You can also hand a copy to the judge as well to see what they say.

    Good luck.
     
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  8. Migz

    Migz Well-Known Member

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    CSFLW you can ask the judge to give your case an early trial at any point through the hearings. The judge will more than likely see if you can carry out lawyer appointed mediation first, but in this case of Jakes that appears to be frivolous, and not in the childs best interest, Jake needs to plead his case that going to an early trial is in the childs best interests.
     
  9. Jake Matherson

    Jake Matherson Well-Known Member

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    Big day tomorrow so I'm bumping this thread.

    My Ex has said that her lawyer will not be representing her tomorrow on account of the lawyer not being paid.

    Parties to this case are me, Intervener, ICL and the Ex.

    The ICL has proposed consent orders to all parties and it is likely that all parties will sign besides the Ex.

    She is likely to not sign on account of the consent orders are not in her favour.

    So 3 signatures out of 4 majority rules, right ;) ? (I doubt it)

    If she doesn't sign. I'm assuming she will just annoy all parties and perhaps the court and we all come back another day for round two?

    If anyone has some input as to what's going to happen when she doesn't sign and or want's to know what happens when your lawyer doesn't show up stay tuned.
     
  10. nat 2015

    nat 2015 Well-Known Member

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    Hi, so if there are child saftey issues are you going for full custody?, I can't work out why a mother would just seem to give up and not work with you?
     
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