VIC What's stopping me from repossessing my property in the Supreme Court?

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Form 5E Originating motion for Recovery of Land under order 53

I'm the sole owner of my property and I initiated this motion in the Supreme Court as my personally unrecognised mother decided to file for an Intervention Order against me, claim to police that they owned my home and excluded me from it and after, they later committed tresspass and broke into it.

In the Supreme Court I've been self-representing myself up until now (running parrallel with my Family Court matters where this person is demanding I sign 100% of my home to them).

It's become a bit of a back and forward argument.

I just want to know, being the sole owner of my home and not living in it for just over a year now, what are my rights?

What could the other side possibly argue to stop me, a legal home owner, bill and rate payer from repossessing my home from someone that's squatting in there?
 
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rjm

Well-Known Member
2 February 2020
92
8
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Hey Chris. I'm sorry no one's offered any help.
Out of my depths as far as legal advice. I'm guessing that it would be best not to try & take possession of the place when your Mum has the IVO on you. No point getting arrested & having more rubbish to deal with.
I know it's tedious but you're probably best starting at one end of the list of lawyers & working your way through. You really need professional help.
When you're trying to get help, stick to the basic facts. Money was a gift, house is yours, Mum kicked you out & is trying to claim it as her own. You've paid the rates, it's in your name.. Don't go into the emotional stuff.
It might be good to keep paying the rates yourself if you can manage it.
Good luck.
 
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All good. I've actually gone into arrears with my bills and rates and owe nearly $5,000. I needed to keep my money for hotels and lawyers... Had the police done their job in the first place, I wouldn't be posting on this forum!

Anyway- I'm seeking advice as we speak...

I'm being accused of financially controlling my 'mother' by not paying 'MY' bills. I need to survive right now, not pay for a squatter's usage... Sounds really ridiculous doesn't it? I was even accused of 'intimidating' her by fighting for my rights in the courts. Give me a break... I think this 'domestic violence' stuff has gone out of control in this country. I've never laid a hand on anyone in my life yet this is happening to me right now. Sometimes I want to commit a crime and go to jail so I can actually get punished for something. But then again if I go to jail, they might say its some form of intimidation... This situation to me, as frustrating as it is, is actually quite amusing.

Goodness...
 
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rjm

Well-Known Member
2 February 2020
92
8
314
She sounds like a piece of work, sorry you're having such a crap time.
Right attitude, when things get that ridiculous you've just got to have a laugh.
It's one thing to want the house, it's another thing to falsely accuse you of violence & intimidation & have you out on the street.
Hang in there. One foot in front of the other, wade through.
 

PosComs

Well-Known Member
25 March 2021
28
1
124
Perth, WA
All good. I've actually gone into arrears with my bills and rates and owe nearly $5,000. I needed to keep my money for hotels and lawyers... Had the police done their job in the first place, I wouldn't be posting on this forum!

Anyway- I'm seeking advice as we speak...

I'm being accused of financially controlling my 'mother' by not paying 'MY' bills. I need to survive right now, not pay for a squatter's usage... Sounds really ridiculous doesn't it? I was even accused of 'intimidating' her by fighting for my rights in the courts. Give me a break... I think this 'domestic violence' stuff has gone out of control in this country. I've never laid a hand on anyone in my life yet this is happening to me right now. Sometimes I want to commit a crime and go to jail so I can actually get punished for something. But then again if I go to jail, they might say its some form of intimidation... This situation to me, as frustrating as it is, is actually quite amusing.

Goodness...
We are in same situation and we had a TPO Temporary order put on us after we wanted to return from interstate due to covid. asking pleading that she leave, offered to set her up in own unit, but was well entrenched in our new 800000 home with new partner and friend. Greed got to her, she obtained an online court TPO got a JP to sign, filled it out and uploaded to e-court. where an administration clerk of court stamped and then our life turned upside down. as we thought this will be easy to prove and end her outrageous behaviour, falsified document with no evidence.. only story of her own. WRONG..We of course defended the TPO at the 28 day mark, this was adjourned for trial 2 mths later to submit Statements of Declarations. So bare in mind we are still in another state now in lockdown. 2mths pass weve asked our nice but expensive lawyer to attend and (she hasn't paid a cent has a sympathetic retired elderly man 85yrs- still licenced was her dead mothers probate solicitor. He/her turned up an got another adjournment 1 mth later and the same pattern went on an on!! 22mths later they send document that the case has been VACATED??? Sounds like a good thing..no...this was another strategy so it was vacated due to his health for 4 mths her. In that time we then get a letter from solicitor stating her request/demand to attend mediation for Consent order and binding agreement to sign house and contents over as shed paid over 170000 in payments 5000 in rates, 3000 in mowing services and as the house is only valuation at 300000 she had a higher interest in house?????? WTF..after 22 mths of this s**t and nearly the end we received this shock letter of demand to attend a mediation and wd had 14 daus to respond. With 10000 in our legal fees and actually paying all that shed listed in letter. I realised how devious my mother was and was referred to Dr for my own sanity..to cut a long story short, we couldn't go through another legal charade with her and more extensive also as we were struggling financially. We by chance ran into a trustee in the nick of time and declared bankruptcy as he said they pay all legal costs to get her out and sell the house pay the creditors and we get the balance which is pretty much 400000 ... well her next move after receiving eviction notices (periodical due to no lease) she never responded another form by law. No response shes squatting but because there's an unresolved DVO order pending..this due to VACATE order and TPO (until she/solicitor restarts process) WE couldnt committ any financial, economical or psychological abuse to her.. I am speechlesss but arry on reading researching as much as i can about law etc... So while trustee is looking after this vexatious evil woman I obviously don't have a relationship with ...sends us and trustee a STATEMENT OF CLAIM for compensation of the above monies and the threat of a enforced property title transfer??? Thankfully our evidence proved her wrong and this was unsuccessful and she's been sent a warrant of possession again and removal order of some sort and this week or next we hear good news..but Dec 2019 to today 2.5 yrs of fighting for a house we built and lived in for 3 mths u til we were offered a great opportunity fifo in another state and we generously offered her to stay in home..as she's my mother right???..well I actually think she stole me at birth ... stay tuned and happy to say don't think Bankruptcy is a bad thing ..this is the good side of it..someone that believes your horror you've endured as so many people didn't believe us, the legal costs were taken care of, the sale of house and we honestly now don't care if any money is handed back ..we just want some peace and happiness ..its been an enormous journey of our life and I've had some positives...learnt law and legislation, got married, got humbled when we found out what life is about being homeless and the support resources, new friends and new jobs in law lol.. all I can say is know that whatever way you go ...have faith that the outcome is in your best interest. This experience taught us so much and took away our pressures and we are so much more happier..bit bored as I don't spend endless hours trying to read and research and scrape up money for court battles. Wish you the best for the future..will be interested in your
 

PosComs

Well-Known Member
25 March 2021
28
1
124
Perth, WA
So I've found a website that may be of interest just so you can get your head around the processes of court and the forms and I guess strategies that are used. I didn't pay an money or subscribe just clicked on the main photo and found a lot of use out of the links to the forms eg Property ..green links will give you a short description of what it means..