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QLD Separation - Unable to Join Property Settlement Hearing - Any Suggestions?

Discussion in 'Family Law Forum' started by martin hornlimann, 3 September 2015.

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  1. martin hornlimann

    12 August 2015
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    My wife (separated for 3 years) is the Applicant in our property settlement. There was a mention hearing on July 21 in the Federal Circuit Court in Melbourne. Since I live in Queensland, I asked to be represented by telephone because I could not afford to travel to Melbourne, but never got a reply from the court.

    My wife attended ... she does not speak to me since the separation so I do not know what happened, but the court's orders are: ' THE MATTER TO BE ADJOURNED FOR UNDEFENDED HEARING (with an estimated hearing time of 2 days)" And the parties file and serve any further affidavit material upon which they seek to rely by 30 September. "

    What does this mean? Should I go to the hearing? Or should I just file further affidavits.
    I cannot possibly pay her what she is asking for and there are no further assets. How to react ?

    Thanks for your suggestions.
    #1 martin hornlimann, 3 September 2015
    Last edited by a moderator: 3 September 2015
  2. AllForHer

    AllForHer Well-Known Member

    23 July 2014
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    You need to get legal advice immediately, especially given you're unable to pay what she is seeking in property settlement.

    If the matter goes ahead undefended, it means you will not be taking up your opportunity to state your case about what you feel is a fair property settlement, so the wife may potentially get whatever she is asking for, regardless of whether you agree, can afford it, or not. You MUST go to the hearing if you want your say before the court, or risk the court making an order in her favour. Affidavits hold no real weight as evidence until they are tested under cross-examination. Thus, your affidavits will essentially be meaningless unless you're there to be cross-examined on their content. If she contests everything in it and you are absent to defend yourself, then your evidence will be dismissed.

    So you really do need to get legal advice and attend the hearing.

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