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NSW Property Settlement - Am I Entitled to Legal Documents Given to Solicitor?

Discussion in 'Family Law Forum' started by Sandy11, 30 December 2015.

  1. Sandy11

    Sandy11 Active Member

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    I began family court proceedings to settle a financial and property settlement with my spouse. I stopped these proceedings as we reconciled. We have since separated again and I would like to know if I am entitled to my file which has financial checks on my husband, a caveat on our house and other documents.

    The solicitor I had engaged said no because it is their property now. I want this information as I had paid for his services, and should I proceed, I will attempt to do it myself as I can't afford more solicitor fees. I paid $20000 and got nowhere. My fault, too trusting.

    Never again!
     
  2. Sophea

    Sophea Well-Known Member

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    Lawyers have the right to a lien over your file if you haven't paid your legal fees, but if you are up to date on their bills you should be able to obtain a copy of the file. They may request a nominal per page fee for the copying. After all I'm sure they charged you for the cost of the searches, etc., that they conducted.
     
    Sandy11 likes this.
  3. N Knight

    N Knight Well-Known Member

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    Hi Sandy,

    Yes the file should be given to you if you have no money outstanding to them.
     
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  4. Sandy11

    Sandy11 Active Member

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    Thanks that's what I thought but they are refusing. Will need to take it further. Appreciate your response
     

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