SA Subpoena Fee Exemption for Family Law Court Matter

[okanynameyouwishthen]

Hey gang. I wasn't sure if this was general law forum or this one because I subpoenaed the information to do with a family law matter. Apologies if wrong and mods please move.

OK so during my family law matter, I have both had a lawyer funded by Legal aid (loan) at times and as present I am a SRL (trying). I subpoenaed ex's police file & couple others mid last year at a time when I had a lawyer and to save his time and my money (yes legal aid but with surety on home...so my money ) I filed all the subpoenas & served them myself. They all complied & sent information to courts.

I had SAPOL sending me a bill couple of months later (huge, I might add ) that I queried with lawyer at time & as I was heading to city I said I would go & sort it. (He had a habit of reminding me how little he got from legal aid.)

I went to SAPOL & talked to someone there who said they'd need something from the Legal Services Commission (LSC), I went to the LSC who told me I would need a letter from lawyer so back I went to him & "leave it with me" . I've since parted ways with lawyer - for reasons above mostly. Heard nothing more for little while until a few more SAPOL bills arrived, that honestly I disregarded the first couple as other priorities to deal with. Last one I scanned & sent to lawyer asking him to sort it.

End result I now have a summons to appear at civil Magistrates Court!! Anyone know was I exempt (health care card holder) from subpoena fees? If I wasn't, should Legal Aid have funded it ?

Cheers all.

 

[Michael T]

The Law Society of South Australia has some fact sheets that touch on your issue - See:
“Fact Sheet: Legal Costs – Your Right to Know”.
“Fact Sheet: Your Right to Challenge Legal Costs”.
It sounds like now you will need to contest the legal costs in court. They should have made you aware of the legal costs involved, but you should have/should now request the itemised ill, so that you know what you will specifically dispute.

 

[Sarah J]

Hi,

This is an unfortunate situation. The lawyer retained needs to (i) explain their legal costs (estimated, or give the method of calculation where no estimate can be provided) at the beginning; and (ii) provide an itemised bill breaking down the lump sum of costs. They should also have kept you (or Legal Aid) informed about your costs throughout the matter.

Have they explained the cost breakdown to you?

Take a look at Legal Services Commission SA: "Complaints against lawyers" (for legal costs). Also, you should contact:

• Legal Professional Conduct Commissioner
• Legal Services Commission SA (for legally aided lawyers)

Probably best to enquire first about your position (and get more information) before lodging a complaint.

 

[okanynameyouwishthen]

thanks.off to court next week