So we have just received a letter from our lawyer advising the aggrieved who put in a false Temp Protection Order 18mths ago has requested the case to be VACATED due to her lawyer being elderly an d in hospital and out of action, well we have waited way too long and she keeps prolonging by putting in Mentions and delaying trial, she has 4 bits of false evidence along with a self - uploaded copy signed by a JP in a shopping centre Application and uploaded to the courts online process, stamped by a court clerk and hello we are now 18mths down the track 10000 or more spent on fighting this and our lawyer going to court just to have it delayed. But he has not been able to give us answers whether: As security guards we don't want to breach the order or go bankrupt:
1. Can we do an online variation to DVO even though it's a TPO
2. Can we go to QCAT or another organisation to give her 60days notice to leave and to obtain a Warrant of Possession as she has no lease and won't meet with the property manager, RTA said she is basically on a Periodical Lease
3. We are going to sign a FORM 6 allowing our real estate sales manager to be able to act on our behalf to sell the house and to evict once we have clear instructions on how to do this.
4. As we live in another state what form do we use to vary or remove TPO now with the VACATE instruction.
5. Can we dismiss our lawyer due to no funds and continue with a variation or removal
6. She has no lawyer now so we can't even send him information as we were doing, who can we liaise with so it's not her and we don't breach, because if anyone acts on our behalf then we are breaching TPO
7. Most important is the police rejected her application back in Jan 2020, she is doing this all herself and her lawyer confided in ours about how bad she is - even sending us apology via our lawyer so why can't we say anything to speed things up...
PLEASE HELLLLPPPPP!
If I have missed anything please let me know, we have contacted everyone in the legal sphere, from the courthouse clerks, the AG of QLD (still waiting) Human Rights Comm (still waiting), the police, our lawyer, real estates, friends, DPP, friends of friends, etc and no one really has a definitive answer on what direction or process to take just to end this nightmare, get her out so we can sell our house, she is the real estates nightmare as she won't allow open houses, she sabotages everything and including this final hearing of a trial because she has been told that we will win, he own lawyer admits that she has made everything up... wow and this woman can't even spell her own name on the application but is so devious every which way, cause she is an experienced CON Artist and would love to name and shame!!!!!
Thanks everyone for your help and listening to my rant.
1. Can we do an online variation to DVO even though it's a TPO
2. Can we go to QCAT or another organisation to give her 60days notice to leave and to obtain a Warrant of Possession as she has no lease and won't meet with the property manager, RTA said she is basically on a Periodical Lease
3. We are going to sign a FORM 6 allowing our real estate sales manager to be able to act on our behalf to sell the house and to evict once we have clear instructions on how to do this.
4. As we live in another state what form do we use to vary or remove TPO now with the VACATE instruction.
5. Can we dismiss our lawyer due to no funds and continue with a variation or removal
6. She has no lawyer now so we can't even send him information as we were doing, who can we liaise with so it's not her and we don't breach, because if anyone acts on our behalf then we are breaching TPO
7. Most important is the police rejected her application back in Jan 2020, she is doing this all herself and her lawyer confided in ours about how bad she is - even sending us apology via our lawyer so why can't we say anything to speed things up...
PLEASE HELLLLPPPPP!
If I have missed anything please let me know, we have contacted everyone in the legal sphere, from the courthouse clerks, the AG of QLD (still waiting) Human Rights Comm (still waiting), the police, our lawyer, real estates, friends, DPP, friends of friends, etc and no one really has a definitive answer on what direction or process to take just to end this nightmare, get her out so we can sell our house, she is the real estates nightmare as she won't allow open houses, she sabotages everything and including this final hearing of a trial because she has been told that we will win, he own lawyer admits that she has made everything up... wow and this woman can't even spell her own name on the application but is so devious every which way, cause she is an experienced CON Artist and would love to name and shame!!!!!
Thanks everyone for your help and listening to my rant.
