VIC Other party keeps claiming to be represented, won't provide details and no correspondence received

[Anthony Murray]

Hi all

Just seeking advice on how to reply to another party. Final hearing with consent orders mid 2018, tried to contravene us and was not successful 2020/21.

No claiming to be filing an initiating application to change the orders to match those proposed during the contravention. To-date has said 4 times things like: my lawyer has asked for this, my lawyer wants to know what you propose before the initiating application is heard.

We are finding the talk of representation and impending application harassing (it's my wife's former spouse). Any advice on how to get this party to get their laywer to contact us or somehow shut this person down from a legal sense? I don't believe there is representation by the way.

Thank you

 

[CSFLW]

Without seeing the final orders (2018) or the correspondence threatening initiating application to change the orders, request mediation.

This will flush them out regarding if they have lawyers.

 

[Anthony Murray]

Without seeing the final orders (2018) or the correspondence threatening initiating application to change the orders, request mediation.

This will flush them out regarding if they have lawyers.

Thank you, that's good advice

 

[Atticus]

To-date has said 4 times things like: my lawyer has asked for this, my lawyer wants to know what you propose before the initiating application is heard.

As the current orders are over 12 months old, they will require a S60I certificate (attempted mediation) before they can file an initiating application.... As per CSFLW advice, you could propose mediation. Unless it's agreed that your lawyers participate though, most pre action mediation is conducted between the parties & a private mediator.

Either way, it should progress the matter if that is your wish, OR just ignore his questions until you get something that will compel you to act.

 

[Tim W]

To-date has said 4 times things like: my lawyer has asked for this, my lawyer wants to know what you propose before the initiating application is heard.

These statements are not certain to be true.
That is... I don't think they actually have a properly engaged lawyer.
I say this because it's really, really unusual for a lawyer, once formally and properly engaged,
to ask their client to approach the opposing party directly,
in the way you describe.

 

[sammy01]

smile and nod... That is all you have to do.... Call their bluff - pick some random law firm from the phone book and tell him to direct his concerns to them....
Seriously, just ignore. Ignore, ignore..