Warning: file_put_contents(): Only 0 of 94 bytes written, possibly out of free disk space in /home/flfl1154/git/flwg.com.au/sources/global.php on line 625
View topic: Lawyers want to prolong litigation – Family Law Web Guide
Donate Child Support Calculator
Skip navigation

Lawyers want to prolong litigation

Has anyone had an experience where one side's lawyers keep delaying a substantive issue by continually applying for adjournments and bring continual interlocutory applications to court and then appealing every decision the court makes?

I have seen a strategy where one side brings hair-brain interlocutory applications before a court just to keep the other side under pressure and at considerable expense to wear them down in the hope they will eventually pay up or just break down.
Are there sufficient grounds to argue that the other party is litigious or a vexatious litigant?

Can you provide examples of the hair-brain interlocutory applications.

If they have been unsucessful that does not always indicate they had mo merit. It could indicate that your counsel was a better advocator.

A strategy employed by some  litigants is to stall for time in order to employ time as a component part of their tactics.

A recent big money case in Sydney went to consent orders after one party was pinned with contempt, then he agreed it appeared as a trade off for not doing time in jail.

Another case which was 179 days in court, judgement still pending, had so many twists and turns that almost all the counsel stand liable to reprimand by the court and possibly their peers.

The morale is if counsel bathe in a $6 million bath they might get corrupted.

What is done for you, let it be done, what you must do, be sure you do it, as the wise person does today that what the fool will do in three days - Buddha
Sure,

I did ask my lawyer if we could bring a vexatious litigant claim but apparently that could only be done after my ex had fully explored all legal avenues, including appealing a dismissed S79a application.

There were 14 dismisses applications from the ex wife before the 79a trial got underway. These applications included:

- Anton pilar application

- Applications for discovery of financials post settlement

- Application for a split 79a thresholdhearing, quite seperate from a 79 hearing

- Applications for adjourment

Her solicitor resigning due to lack of funds, only to be representing her again a few days after getting the adjournment

Subpoenas unsuccessful hearing

Appeals for all of the above which of course we have to defend.

I so far have spent $1.5M in lawyers fees and the ex is threatening to have be back in court for another appeal.

I am seriously considering becoming an SRL.

My lawyer now wants me to spend 5 days in court fighting over costs.
14 dismissed applications?!  Are you serious?  What are your lawyers doing?

cheers,
Mandamus
Verdad.

Which case was this please? Any reference?

Thanks.
There are two cases mentioned.

One matter was resolved by consent, the other's judgement has not been handed down as yet. Not all judgements are published.

Reading case law without a specific purpose could easily confuse one. Be mindful of "case law materialism".

Searching for judgement with comparable issues to your own could be more fruitful.

What is done for you, let it be done, what you must do, be sure you do it, as the wise person does today that what the fool will do in three days - Buddha
1 guest and 0 members have just viewed this.

Recent Tweets