I am writing on behalf of an elderly friend that has been going through the family court.
He has pleaded with me to write due to the injustice he has gone through with family court. To give you a brief about what has gone on. He had initially tried to represent him self and the first Judge was fair and was prepared to listen to him his ex-wife had a lawyer and Barrister represting her. They are both an elderly couple with no children between them. He does have an adult Son from his first marriage which unfortunley has no contact with his father.
I have know the couple since 1984. How I came involved was that I went for a holiday earlier this year on the Gold Coast where they reside. I had heard that they where having marital problems and I had called the husband to see how he was and we arranged to meet which we did.
He then asked me to come and visit him and if I could have a look at the documents he had regarding his case which I did and was shocked with the amount of false information in his ex-wife affidavit’s. There breakdown all started as his ex-wife was lying to him and hiding money from him he had found $70,000:00 cash hidden in the house.
His ex-wife’s Legal team then had a different Judge hear the case which was more favourable to them. The affidavit she had her Legal team present was full of statements which she had made but with no supporting evidence. This friend of mine is a 73 year old man his understanding of the English language is a enough to get by for everyday life but not in Court House he can not read nor interrupt English properly in written form.
He had than engaged a Lawyer to act on his behalf but the so called Lawyer had failed to lodge documents on time an he had a judgement made against him.
Now his ex-wife had stated that she had borrowed the sum of $20,000:00 from one of her nephews another nephew she had claimed to have borrowed the sum of $40,000:00 then she also had a mutual friend of there’s had borrowed $20,000:00, then an ex-boarder for $20,000:00 and several other people for various amounts. But in her affidavit there where no documents to support her claims.
When my friend had tried to represent himself again as his Legal team had withdrawn. Her Legal team took advangte of the situation. They claimed he had large sums of money but no evidence to support those claims. And he had documents with him to show that was not true when his ex-wife’s Barrister had a look at them he had the Judge not allow the documents as they had not been lodged correctly.
My friend had answered as best he could when he was questioned during the proceedings bearing in mind English is not his first language.
When he cross examined his ex-wife most of her answers were she couldn’t remember she in fact had stated in her affidavit that she had never been previously married which she had been.
My friend had in fact made two offers to his ex wife which where ignored.
The Judge ruled against my friend stating his evidence was unreliable.
But had found her evidence reliable with no supporting documents only what she had written in her affidavit.
Now my friend had obtained an affidavit from her nephew which she had sworn in her affidavit that he had borrowed $20,000:00 he had no knowledge and had signed an affidavit stating that she had infact asked him to lie on her behalf which he refused to do and stated he had not borrowed nor does he have that amount of money.
The mutual friend she had put down in her sworn affidavit again for the sum of $20,000:00 also denied this and signed an affidavit claiming that to be untrue.
Then the boarder that she had also put in her sworn affidavit for the sum of $20,000:00 had denied on three occasion’s of borrowing her any money had come into the office at the request of my friends new Lawyer who had said he knows him and will get him to come in and sign an affidavit. He infact he did come in but the Lawyer had kept him waiting and he got up and said he will be back after he puts some money in the parking meter and did not come back.
Then my friend was at the Lawyers office and the Lawyer phoned him from the office in front of my friend and again he denied he had borrowed any money and will come in. Then for some reason which I still cant understand the Lawyer said to him don’t you remember me I acted for your wife in your divorce that is when things changed.
He told the Lawyer I will call you back shortly which he did but now his story changed to that he had borrowed the money and when the Lawyer asked him do you have any proof he said no it was in cash.
Then this person has signed an sworn affidavit on the 12 June stating he borrowed $20,000:00 with the ex-wife’s Lawyer which was heard on the 13 of June.
Requests where made to the ex-wife’s Lawyers to show how they have been paid those request where never answered.
I know the Lawyer represting the friends ex-wife and had sent her an email in late February and had asked her if she had a moment to give me a call. Which she did I had said to her how long I have know the two parties and had read the affidavits and had told her that there were lots of false statements regarding my friend and that he was and is a good person who has helped a lot of immigrants. Her remark was you say that he is a good person but did you know that he had said to someone that he will drag out the proceedings until she dies and will get nothing and I said I don’t believe that. And our conversation ended there.
Then as I was reading the affidavit’s of his ex-wife those words that her Lawyer had said to me where attributed to my Brother and myself our names where put into the affidavit of having said that to her completely false.
I was shocked to read that and immediately wrote an email to her Lawyer asking her how she can use our names without our knowledge to such nonsense and does she have any ethics and asked for an apology that was back in March she has not responded on two of my requests.
Regarding the other nephew she had put down for $40,000:00 my friend had tried to contact him but he has been avoiding contact but he is a recipient of welfare and does not have that amount of money.
Now what has happened is my friend engaged another Lawyer to represent him. And the Lawyer got advice from a QC to see what action can been taken they said with the proof he has they can lodge a Section 79A which they started and had promised all action against my friend would stop until the Section 79A was heard.
I had asked both Lawyer and QC on more than one occasion will that put stop to orders that where put against my friend and they both said yes no further action will happen until 79A is heard.
Then they had a set aside hearing on the 13 June which the same Judge upheld in favour of ex-wife even after having seen the evidence that contradicts the ex-wife’s affidavits. I asked the QC did he not read the affidavits which he replied yes he was not happy??
Now they say he is Biased towards my friend. Is that how Judges make there decisions?
Now having been told all along nothing will happen till 79A is heard we find out that his unit has been transferred out of his name into his ex-wife’s back in March.
His wife has a house with the value of approxamently $650,000:00.
Now he has been ordered to pay her another $180,000:00 which he doesn’t have or his wife will sell his unit in a fire sale these are the Lawyers words.
I and my wife had heard a conversation from two people in which the ex-wife had asked whether they knew someone or could arrange for someone to go and assault her ex-husband I had asked the Lawyer to put that in an affidavit which he failed to do.
I also told the Lawyer that I intend to write to the Chief Justice and he laughed and said good luck with that.
The reason I am writing is my friend is a good man and has always wanted to resolve the matter fairly but the Legal system with a stroke of a pen taken away everything he has and taking away his will to live.
Sent from my Huawei Mobile
He has pleaded with me to write due to the injustice he has gone through with family court. To give you a brief about what has gone on. He had initially tried to represent him self and the first Judge was fair and was prepared to listen to him his ex-wife had a lawyer and Barrister represting her. They are both an elderly couple with no children between them. He does have an adult Son from his first marriage which unfortunley has no contact with his father.
I have know the couple since 1984. How I came involved was that I went for a holiday earlier this year on the Gold Coast where they reside. I had heard that they where having marital problems and I had called the husband to see how he was and we arranged to meet which we did.
He then asked me to come and visit him and if I could have a look at the documents he had regarding his case which I did and was shocked with the amount of false information in his ex-wife affidavit’s. There breakdown all started as his ex-wife was lying to him and hiding money from him he had found $70,000:00 cash hidden in the house.
His ex-wife’s Legal team then had a different Judge hear the case which was more favourable to them. The affidavit she had her Legal team present was full of statements which she had made but with no supporting evidence. This friend of mine is a 73 year old man his understanding of the English language is a enough to get by for everyday life but not in Court House he can not read nor interrupt English properly in written form.
He had than engaged a Lawyer to act on his behalf but the so called Lawyer had failed to lodge documents on time an he had a judgement made against him.
Now his ex-wife had stated that she had borrowed the sum of $20,000:00 from one of her nephews another nephew she had claimed to have borrowed the sum of $40,000:00 then she also had a mutual friend of there’s had borrowed $20,000:00, then an ex-boarder for $20,000:00 and several other people for various amounts. But in her affidavit there where no documents to support her claims.
When my friend had tried to represent himself again as his Legal team had withdrawn. Her Legal team took advangte of the situation. They claimed he had large sums of money but no evidence to support those claims. And he had documents with him to show that was not true when his ex-wife’s Barrister had a look at them he had the Judge not allow the documents as they had not been lodged correctly.
My friend had answered as best he could when he was questioned during the proceedings bearing in mind English is not his first language.
When he cross examined his ex-wife most of her answers were she couldn’t remember she in fact had stated in her affidavit that she had never been previously married which she had been.
My friend had in fact made two offers to his ex wife which where ignored.
The Judge ruled against my friend stating his evidence was unreliable.
But had found her evidence reliable with no supporting documents only what she had written in her affidavit.
Now my friend had obtained an affidavit from her nephew which she had sworn in her affidavit that he had borrowed $20,000:00 he had no knowledge and had signed an affidavit stating that she had infact asked him to lie on her behalf which he refused to do and stated he had not borrowed nor does he have that amount of money.
The mutual friend she had put down in her sworn affidavit again for the sum of $20,000:00 also denied this and signed an affidavit claiming that to be untrue.
Then the boarder that she had also put in her sworn affidavit for the sum of $20,000:00 had denied on three occasion’s of borrowing her any money had come into the office at the request of my friends new Lawyer who had said he knows him and will get him to come in and sign an affidavit. He infact he did come in but the Lawyer had kept him waiting and he got up and said he will be back after he puts some money in the parking meter and did not come back.
Then my friend was at the Lawyers office and the Lawyer phoned him from the office in front of my friend and again he denied he had borrowed any money and will come in. Then for some reason which I still cant understand the Lawyer said to him don’t you remember me I acted for your wife in your divorce that is when things changed.
He told the Lawyer I will call you back shortly which he did but now his story changed to that he had borrowed the money and when the Lawyer asked him do you have any proof he said no it was in cash.
Then this person has signed an sworn affidavit on the 12 June stating he borrowed $20,000:00 with the ex-wife’s Lawyer which was heard on the 13 of June.
Requests where made to the ex-wife’s Lawyers to show how they have been paid those request where never answered.
I know the Lawyer represting the friends ex-wife and had sent her an email in late February and had asked her if she had a moment to give me a call. Which she did I had said to her how long I have know the two parties and had read the affidavits and had told her that there were lots of false statements regarding my friend and that he was and is a good person who has helped a lot of immigrants. Her remark was you say that he is a good person but did you know that he had said to someone that he will drag out the proceedings until she dies and will get nothing and I said I don’t believe that. And our conversation ended there.
Then as I was reading the affidavit’s of his ex-wife those words that her Lawyer had said to me where attributed to my Brother and myself our names where put into the affidavit of having said that to her completely false.
I was shocked to read that and immediately wrote an email to her Lawyer asking her how she can use our names without our knowledge to such nonsense and does she have any ethics and asked for an apology that was back in March she has not responded on two of my requests.
Regarding the other nephew she had put down for $40,000:00 my friend had tried to contact him but he has been avoiding contact but he is a recipient of welfare and does not have that amount of money.
Now what has happened is my friend engaged another Lawyer to represent him. And the Lawyer got advice from a QC to see what action can been taken they said with the proof he has they can lodge a Section 79A which they started and had promised all action against my friend would stop until the Section 79A was heard.
I had asked both Lawyer and QC on more than one occasion will that put stop to orders that where put against my friend and they both said yes no further action will happen until 79A is heard.
Then they had a set aside hearing on the 13 June which the same Judge upheld in favour of ex-wife even after having seen the evidence that contradicts the ex-wife’s affidavits. I asked the QC did he not read the affidavits which he replied yes he was not happy??
Now they say he is Biased towards my friend. Is that how Judges make there decisions?
Now having been told all along nothing will happen till 79A is heard we find out that his unit has been transferred out of his name into his ex-wife’s back in March.
His wife has a house with the value of approxamently $650,000:00.
Now he has been ordered to pay her another $180,000:00 which he doesn’t have or his wife will sell his unit in a fire sale these are the Lawyers words.
I and my wife had heard a conversation from two people in which the ex-wife had asked whether they knew someone or could arrange for someone to go and assault her ex-husband I had asked the Lawyer to put that in an affidavit which he failed to do.
I also told the Lawyer that I intend to write to the Chief Justice and he laughed and said good luck with that.
The reason I am writing is my friend is a good man and has always wanted to resolve the matter fairly but the Legal system with a stroke of a pen taken away everything he has and taking away his will to live.
Sent from my Huawei Mobile
