Set aside financial order

[Dpj]

Hi All,

Found out my ex didnt declare a business in her assets when determining property settlement. This business is now considerable (EBITDA ~$500k). I believe the financial orders could be set aside as declaration of the business, and her legitamate income, would have altered my decision to consent to property settlement. There is also plenty of evidence of her lack of credibility on other matters including financial.

I understand that assets are valued at the hearing in question. Is that at the hearing to set aside? or is there a hearing to set aside then another for property settlement if parties cannot consent? There has been considerable water under the bridge since the date of property settlement and there was no indication, nor could there be, that a future 'setting aside' may occur. As such, what happens to assets disposed of (sold, transfered, etc) during this period?

Date of Separation: Nov 2019
Date of Property Settlement: July 2021

Thanks

 

[CSFLW]

Were you represented by a lawyer?

 

[Dpj]

If i take this to an application I will get representation. I will most likely use my past lawyer, who although may be not 'go for the jugular' enough initially, was pretty spot on in regards to how things would eventuate (ie, what a court would order). When he found out my ex's income was raised from $40k to $170k by DHS after an investigation around 6 months after final property orders he said 'we could possibly set aside orders' and that was before he knew about this other business. She told court she had assets of just $2000 around the date of settlement and was unemployed at that time after selling an asset for $10k just 5 weeks after it was valued at $150k by court appointed valuer - I did have this asset included in the assets at final property settlement but it was 100% a shame sale as articles a year later sight her as the co-owner. Basically, she is highly dishonest and financial property settlement disclosure of hers was average. I wanted to settle and just have it behind me which is why I didn't drill and drill her on the disclosure. She had legal aid and was willing to go to trial which would have cost me loads.

I certainly wont be representing myself if there is a good chance to claw back 6 figures from the payout I gave.

 

[CSFLW]

You should get advice from your previous lawyer then, it sounds as though there was inadequate financial disclosure and proper inquiries as to valuations.

 

[Dpj]

If i take this to an application I will get representation. I will most likely use my past lawyer, who although may be not 'go for the jugular' enough initially, was pretty spot on in regards to how things would eventuate (ie, what a court would order). When he found out my ex's income was raised from $40k to $170k by DHS after an investigation around 6 months after final property orders he said 'we could possibly set aside orders' and that was before he knew about this other business. She told court she had assets of just $2000 around the date of settlement and was unemployed at that time after selling an asset for $10k just 5 weeks after it was valued at $150k by court appointed valuer - I did have this asset included in the assets at final property settlement but it was 100% a shame sale as articles a year later sight her as the co-owner. Basically, she is highly dishonest and financial property settlement disclosure of hers was average. I wanted to settle and just have it behind me which is why I didn't drill and drill her on the disclosure. She had legal aid and was willing to go to trial which would have cost me loads.

I certainly wont be representing myself if there is a good chance to claw back 6 figures from the payout I gave.

Thanks. I will get advice prior to any application. My current lawyer is helping me out, a little, pro bono. So when I come to him with all the evidence I'd like it neat and clean. Hence why I am wondering about assets. Are assets disposed of between Property Settlement (July 2021) and a new application (lets say 2nd half of 2023) counted? What if they were gifted? etc. Are you able to help there? or is the law not defined in that respect?

 

[CSFLW]

Once again, it sound as though there is inadequate financial disclosure and valuations prior to the property settlement.

 

[Dpj]

Thanks for repeating what I already know.

 

[CSFLW]

You are welcome.

I hope it works out for you.

 

[Dpj]

If anyone is able to answer the questions I'm looking for that'd be uch appreciated

understand that assets are valued at the hearing in question. Is that at the hearing to set aside? or is there a hearing to set aside then another for property settlement if parties cannot consent? There has been considerable water under the bridge since the date of property settlement and there was no indication, nor could there be, that a future 'setting aside' may occur. As such, what happens to assets disposed of (sold, transfered, etc) during this period?