NSW Recalcitrant husband and court bias

[Mpou8768]

Hi all, I have been in a property settlement dispute in the Family Court since 2016. My (still) husband has repeatedly over this time not disclosed his assets. As of last Tuesday he has flouted court orders, filed an Undertaking (in which he has lied), responded to matters past their deadline and the Court continues to offer him extensions. My legal fees to date are approximately $160,000. I have lost faith in my lawyers who are now seeking another $150,000 till this matter is settled. I do not have a hearing date. I can’t continue this way with them but am afraid to change lawyers. Are there any good family law lawyers who can offer sound advice as to how I progress with this matter? Has anyone had a similar experience? 🙏

 

[Rosscoe]

When you say your lawyers are seeking 150k until the matter is settled, do you mean they are asking for you to pay a retainer type fee of 150k? Doesn't seem right to me.

 

[Mpou8768]

Hi Rosscoe, they have told me that is what I can expect to pay with additional barrister’s fees to bring this matter to a conclusion. They had initially asked for this amount to be held in trust but I did not agree to this. The Registrar I was before last week suggested there would be a ‘reckoning’ for my ex’s behaviour but I can’t see it happening any time soon. 😢

 

[Rosscoe]

What were you in front of the Registrar for and what were his directions? There are ways to wisely limit spend on legals and not just buy into every cost a lawyer dumps on you. If the behaviour of your ex can be proved to be avoidant of the legal process / causing you unnecessary costs are your lawyers at least asking for a costs order to be made? Unfortunately to get an outcome you are the one that really needs to drive the process, however I have seen that there can be significant delays in trying to get a hearing date if you have not been able to settle at mediation, but this is rarely longer than a few months.

 

[Mpou8768]

What were you in front of the Registrar for and what were his directions? There are ways to wisely limit spend on legals and not just buy into every cost a lawyer dumps on you. If the behaviour of your ex can be proved to be avoidant of the legal process / causing you unnecessary costs are your lawyers at least asking for a costs order to be made? Unfortunately to get an outcome you are the one that really needs to drive the process, however I have seen that there can be significant delays in trying to get a hearing date if you have not been able to settle at mediation, but this is rarely longer than a few months.

Thank you for taking the time. Are you a Family Law Lawyer?
A conciliation hearing around disclosure. Directions were for a 'balance' sheet, missing disclosure items and for my lawyer to draft a minute of order. I don't know how to 'wisely limit spend on legals'? When the Chief Magistrate sent us to a mediation I spent $30,000 and we had nothing to mediate over as the Husband did not disclose his assets, SMSF, taxes, salary etc? Over the years I have been awarded some costs for appearance and my lawyer simply reserves costs at others. The Registrar said last week that my matter would not likely be settled for at least one year to one year and a half but the Chief Justice who I have been before, four times now suggested that due to COVID I could have a hearing before any Magistrate in Australia as it would be over zoom or Microsoft Teams. I am beyond frustrated by the Court system. Everyone agrees but nothing is being done about it.

 

[Rosscoe]

No, I am not a family law lawyer. I am in and out of the family law system with my own situation though.

It seems you have been in court already for certain issues then? These are then separate issues to the ones before the Registrar? I find that a bit confusing. Were there any time limits that the Registrar placed on the drafting of orders and and issues of disclosure? If there were, as much as the other side seems to be delaying as much as possible, keep hassling and drive the process. You should document all the issues and delays you have experienced to date as this may aid you in getting a more favourable property settlement if you go to final trial.

There are rules around disclosure and it is probably a good idea to read up on this and then this could place you in a better position to instruct your attorney. There is usually a list of agreed disclosure items (this is what you have now done I assume?) but there are other ways to enforce compliance with disclosure. Have a read of chapter 13 of the Family Court Rules.

I find it hard to believe you would wait a year and a half for a hearing date though. What did the registrar direct to happen once disclosure happens?