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NSW Personal Loan to Ex: Civil or Family Law?

Discussion in 'Debt and Bankruptcy Law Forum' started by Katie77, 31 March 2015.

  1. Katie77

    Katie77 Member

    31 March 2015
    Likes Received:
    Hi, I recently filed a statement of claim against my ex and am due to attend the pre trial review end of April.

    In a nutshell, he owes me c. $5000 from credit card debt we had when we split over 2 years ago. We agreed (verbally) at the time on a 50/50 split of the debt however the cards were all in my name.

    He has failed to pay me back, hence why I started legal proceedings. I have extensive communication (email/text and Facebook msg) between us over the past 2 years where he acknowledges that he owes me the money and commits to pay it back.

    His solicitor has filed his defence stating that because my claim arises from a domestic relationship and because we resided together for a period in excess of 2 years, therefore the Local Court has no jurisdiction to deal with the proceedings and such proceedings are governed by the family law act.

    Is this true?

    If it isn't so, can someone please point me in the right direction on how to respond to this claim in my hearing?

    Thank you all in advance.
  2. Tracy B

    Tracy B Well-Known Member

    24 December 2014
    Likes Received:
    Hi Katie77,

    I believe the claim can be heard in both courts. Were you and your ex in a de facto relationship during the time of the loan? To clarify this, you can call up both the Local Court and the Family Court to enquire. Otherwise, you can contact your local community legal centre to ask about your particular situation.

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