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VIC Wife's Defamation of Character Caused Financial Loss - What to Do?

Discussion in 'Family Law Forum' started by Jacqui Collie, 14 September 2015.

  1. Jacqui Collie

    Jacqui Collie Member

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    A close person to me had his wife apply for a Domestic Violence Order to gain 100% of nights and therefore the maximum amount of pension, child support. She used the Rosie Battie case and stated to the judge she was in the similar situation which is untrue and unfounded and my friend has numerous character references to support this and even some that believe that she has been motivated for financial gain.

    The family court has now awarded him 5 days in fourteen but she got all the proceeds of the house so she did not seek anymore spousal maintenance and his superannuation (which he can not touch for another 12 years). In 30 days time he will have to be back in a rental property as he lost everything.

    In the Domestic Violence Order court session one magistrate asked her to supply more information to support the violence order so the next week consisted of her trying to get him to breach his interim Domestic Violence Order. He was charged with breaching it as he supposedly stuck his finger up at her (which his daughter stated did not happen in the F11 report) and also she set him up by getting someone to follow him and she got in front of him in her car and was videoed and now this was "he was stalking her". He has had a psychological report done that states under one of the testing marks that the risk of him becoming violent is 20 points less than a student which was very low.

    He has had to have over 30 days off work for stress and having to work on Affidavits and the court case. He did not get to see his children for over 4 months. He is still having to pay over $440 a week where she will have the profit of the house (about $500000) as well as from her affidavit we see that she had over $10,000 go into her bank account in June. There are so many lies in her affidavit but because everything was settled out of court there was no way of proving her deception in the affidavit. We were advised to settle and not give her the opportunity to go for the superannuation as he has been with the company for 28 years and has a government super that is worth a lot of money.

    Her motives have always been to get maximum money and she is currently working from home as a beauty therapist and working as a subcontractor to a Massage spa shop. We feel that she is not declaring all of her income to Centrelink as in her financial statement is showed how much money she earner and her calender of dates that she worked and they did not match up.

    Due to the criminal court for the breach next month, he may face criminal charges or a CBO. I feel that she has totally gained money by deception and tried to ruin his professional career as well as hurt him emotionally and financially. Is there any where in our legal system that allows him to now have her be accountable for her defamation and deception?
     
  2. Victoria S

    Victoria S Well-Known Member

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  3. Jacqui Collie

    Jacqui Collie Member

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    interesting thing about Centrelink is that she is allowed to have all the proceeds of the house and does not have to buy a new one for up to 12months and she can also have up to $150000 assets and she can still get support from centrelink..

    Meanwhile the other party is left to find and rent a home and still needs to have a house as has the children 5 nights a fortnight and has to pay just over $400 a week for child support. The system seems to promote getting maximum money for minimal effort for the main custodial parent and do severely put the non custodial parent at a huge disavantage
     

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