Australia's #1 for Law

Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!

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

    Joined:
    28 December 2015
    Messages:
    7
    Likes Received:
    0
    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

    Joined:
    16 April 2014
    Messages:
    2,400
    Likes Received:
    369
    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.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
    Sandy11 likes this.
  3. N Knight

    N Knight Well-Known Member

    Joined:
    27 December 2015
    Messages:
    28
    Likes Received:
    1
    Hi Sandy,

    Yes the file should be given to you if you have no money outstanding to them.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
    Sandy11 likes this.
  4. Sandy11

    Sandy11 Active Member

    Joined:
    28 December 2015
    Messages:
    7
    Likes Received:
    0
    Thanks that's what I thought but they are refusing. Will need to take it further. Appreciate your response
     
Loading...

Share This Page

Loading...
gt;