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

[Sandy11]

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!

 

[Sophea]

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.

 

[N Knight]

Hi Sandy,

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

 

[Sandy11]

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.

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