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A day in Court for a SRL

Maintaining focus. Do not attack the system, If you believe it needs to be changed, become politically active. The court itself, is not the forum to complain about the court.

Earlier this week, a SRL was in court to answer an application by his former wife. This particular SRL had already delayed lodging his own application. She got in first, and managed to convince (through her solicitor) the court that an urgent hearing was justified for some injuntive orders to protect her interest in the marital property.

The back ground is that at the time of separation, the applicant had moved out of the family home, taking the children with her - straight into a house she had already purchased. The purchase was largely completed with the cash the couple had in the bank, a very significant sum. A large part of this sum, $200K+, was compensation received by the husband for a work injury. She did not ask for permission. The family home was in both names and debt free. There are also a couple of other investment properties without much equity. On departure from the family home, she took most of the furniture as well.

The applicant sought injunctions that would have prevented the respondent from disposing of or otherwise encumbering the investment properties. As well she sought orders  restricting him from selling or otherwise disposing of any household goods. The effect of these orders, if granted, would have been to prevent the respondent funding a legal defence in either the Family Court or some other State Court matters she had also triggered.

To complicate matters, the application was only served on the respondent 3 business days before the hearing and in a manner that was not in accordance with the directions for service.

The SRL attended court, and when it was his turn to speak, focused on the problems with the service of the documents. The Judicial Registrar was not pleased, standing the matter down until later in the day, to give the SRL time to consult the duty solicitor, which the SRL did.

Over the next few hours a number of related, but side issues were resolved through the Applicant's solicitor, but the core issue of the injunctions remained. During the discussions the SRL had also questioned the Solicitor's integrity which was not constructive for his own case.

By the time he returned to court, the SRL had learned much. He was getting the concept of simplifying his argument, not challenging the System and focusing on arguing his case. It was all going very well, the JR made the point that the applicant faced no risk in relation to the injunctions sought. The JR then asked the SRL what disadvantage he would suffer if the injunctions were made. Instead of answering the question, the SRL raised the issue of the service of documents again. The JR said he wasn't interested and stopped listening. It had been obvious the JR was in the mood to reject the application completely. With the SRL wasting his opportunity to confirm this position, the JR made orders that the respondent not sell or otherwise encumber the Family Home. Remember this was something he could not do anyway, at least with out her agreement.

All this raises a number of important points.

The importance of maintaining focus. Do not attack the system, I you believe it needs to be changed, become politically active. The court itself, is not the forum to complain about the court.

The court is also not the place to complain about the other parties behaviour. It is the place to describe the other parties behaviour and alow the court to do what it is supposed to do, repair the situation where possible.

The court will usually forgive mistakes, as long as a SRL listens and learns.

Also, don't attack the other parties legal team in a personal way. While it is imperative not to accept everything they say as gospel. It is much more constructive to have them think of you as determined but reasonable. If you attack them personally, they will just work that much harder for their client. Done reasonably well, they end up working for you.

For me - Shared Parenting is a Reality - Maybe it can be for you too!
In all fairness ODC is being very modest, the SRL also received direct help from him and SRL-R and a duty solicitor.

This case illustrates the issue of 'playing the ball and not the player' in the Courtroom. Outside the Courtroom things can be slighlty different.

This SRL has already had one previous 'good decision' by following our guidleines.

Our materials are full of 'keeping to the facts' and not going off at tangents in the Courtroom. Fortunately the decision he received will not have too great an effect on him - but when it comes to the really important parts of his case namely the children and division of assets he will really have to keep his eye on the ball.

There is only so much our people can do - if people chose not to follow our recommendations - then on their head be it.



Last edit: by Agog


Executive Member of SRL-Resources, the Family Law People on this site (look for the Avatars) Be mindful what you post in public areas. 

Finding the Balance

Agog said
In all fairness ODC is being very modest, the SRL also received direct help from him and SRL-R and a duty solicitor.

This case illustrates the issue of 'playing the ball and not the player' in the Courtroom. Outside the Courtroom things can be slightly different.

This SRL has already had one previous 'good decision' by following our guideleines.

Our materials are full of 'keeping to the facts' and not going off at tangents in the Courtroom. Fortunately the decision he received will not have too great an effect on him - but when it comes to the really important parts of his case namely the children and division of assets he will really have to keep his eye on the ball.

There is only so much our people can do - if people chose not to follow our recommendations - then on their head be it.
As AGOG says - In court play the Ball. Outside court it is a little different. The constant is though, research and preparation is essential. This applies whther you are presenting a case in court or negotiating outside the court. On the negotiation front, it doesn't matter whether it is a Legal Aid Family Law Conference, a FRC or other "Non Government Organisation" mediation or you negotiating with the other party's solicitor.

For me - Shared Parenting is a Reality - Maybe it can be for you too!
 Posts from this topic have been moved by members. 1 posts have been transferred to topicview.

No Justice - stop trolling the forums (the last post in this topic was over 6 months ago) to find places to put in your "Crimes" postings   

Last edit: by Agog


Executive Member of SRL-Resources, the Family Law People on this site (look for the Avatars) Be mindful what you post in public areas. 
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