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VIC Property Settlement - Delaying Family Court if I Attend Property Valuation?

Discussion in 'Family Law Forum' started by kleinzeit, 21 May 2016.

  1. kleinzeit

    kleinzeit Active Member

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    Hi all,

    Firstly, thanks to all of you have posted help in this forum. I have gone through all 178 pages of questions and read all those questions which relate to my circumstances.

    My ex (applicant - lawyered-up) and I (respondent - self-representing) had our initial hearing for final orders two weeks ago and have a conciliation conference next month. We have a joint property, which was the matrimonial home. I left the home 18 months ago at my ex's request and have been renting my own place since. My ex has continued to reside in the home and has been paying the mortgage.

    Despite me previously warning the applicant's lawyer that I would not accept a property valuation that the applicant had arranged on his own, the applicant's lawyer has sent me an updated valuation of one they arranged last year. They are well within their rights to do this despite my previous warning and, if I disagree with their valuation, it is up to me to arrange my own. Of course, they could have tried to mutually agree with me on a valuer and split the cost.

    Anyway, I have told applicant's lawyer I will give her notice of when I and my valuer will attend the property to conduct a valuation. I want to attend to ensure there is no attempt to influence the valuer and also to check the condition of the property. The applicant's lawyer insists that I not attend the property and to put valuer in touch with her to arrange the visit. The applicant's lawyer says she may seek an injunction to ensure I don't attend. The applicant's lawyer's only argument appears to be that I have left the property and haven't been back since. There are no current or previous AVO's during the relationship or since.

    What will be the likely response of the court if I insist in attending? Will I be considered to be delaying property settlement and wasting family court time?

    Cheers
     
  2. AllForHer

    AllForHer Well-Known Member

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    Sounds like lawyer tactics to me - puff out the chest, make a few threats, hope the other party concedes, even if their actual chances of success are minuscule. Bottom line is that you still own the property and the only way they can stop you from attending the property is by injunction, so let them waste time and money pursuing one if they must. If the injunction is granted, so be it, but I doubt it will be, and I doubt you'll be hit with legal costs, either. You're just as entitled to get a valuation on a property you own as the other co-owner is.
     
  3. kleinzeit

    kleinzeit Active Member

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    Thanks for that, AllForHer. I agree with your opinion. Applicants lawyer is always threatening injunctions for ridiculous things. For example, to stop me driving in the street of the property :)

    Cheers
     
  4. kleinzeit

    kleinzeit Active Member

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    Well, I insisited on attending but before I could, the applicant filed for an AVO :) So I have to fight that now.

    Oh well, deeper into the rabbit hole I go.
     

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