VIC Other Side Lawyer told Court about freshly laid criminal charges

[Telfer14]

I am involved in a pretty vigorous property settlement
I don't have any criminal record of any type , anywhere
However I was recently charged with two crimes of violence, I genuinely believe I just defended myself (intruder into my house)
There are no children with my former marital partner , so it is just a dispute over assets
The other side became aware of the recent charges, and their solicitor mentioned these charges to the Registrar at a recent mention hearing
So my question is , is this ethical or proper ?

 

[qeyequyo]

I realize this is from a while ago, but I think it's worth considering whether these charges could impact your strategy or negotiations in the property case. Have you had a chance to consult with your lawyer about how best to address this in court? It might be beneficial to prepare an argument on the relevance, or lack thereof, of the charges.

 

[Noel Harris]

It's understandable that this feels like an ambush, but raising it isn't automatically improper. In property settlement proceedings, solicitors have duties to the court, and if a party genuinely believes something is relevant, for example to a party's credibility, availability, or capacity to comply with orders, they may be entitled to bring it to the court's attention rather than withhold it.

That said, relevance matters. Where there are no children in the picture and the dispute is purely about assets, pending criminal charges (particularly ones arising from an incident where you were defending yourself, and which haven't been proven) will often have limited bearing on the financial case, and your lawyer can push back on the point being given more weight than it deserves, or challenge it being raised in a way designed simply to pressure or prejudice you.

If you're concerned the disclosure was made unfairly or misleadingly, that's worth raising directly with your own solicitor so it can be addressed with the court or, if appropriate, with the Law Society. We'd suggest a quick conversation with a family law specialist to make sure this doesn't derail the substance of your property matter.

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Disclaimer: Please note information in this response is general in nature and should not be treated as legal advice. It may not be complete or up to date for your specific situation. Independent legal advice is always recommended.

 

[gibabice]

I realize this is from a while ago, but I think it's worth considering whether these charges could impact your strategy or negotiations in the property case. Have you had a chance to consult with your lawyer about how best to address this in court? It might be beneficial to prepare an argument on the relevance, or lack thereof, of the charges.