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Solicitors, professionals?, whose best interest?

X = 75%, my solicitor = 16%, I get 9%

 I really need help / advice as i am going to try and SRL or atleast fight injustice, even if it gets me nowhere. If i lose more its ok because i have lost everything and now looks like im going to lose my unit as well. My solicitor has let me down, he promised the world until he decided to help the other party win by manipulating the outcome of the case. He wrote my affidavit and lodged it without my reading or signing it. He has left out the most important parts of my claims. He had the case decided on the weighting of affidavits and allowed the other party to use an affidavit and financial statement written 12 months prior. I advised him i had proof that the other parties affidavit and financial statements were all lies. He advised me to put my money from settlement into the other parties solicitors trust account. He has billed me and i asked him for a beakdown of costs, of which i am disputing. He even has the hide to charge me an advocacy fee, no way was he acting as my advocate. I am sure he is applying for the courts to allow him to get his money from the trust account. A man with papers came to my work, i work shift work and he knows i wouldnt be there. He will not talk to me, will not reply to my phone calls or letters. I feel so betrayed, like this was his intent from the start. I was asking the court to change the orders due to a change of circumstances. After i lost the case he told me we needed to go into damage control and pay the other party whatever they were asking for in their costs claim. I sacked him ofcourse. He notified the courts of ceasing to act and i was sent the copy the day before i was due to appear in court. (His secretary let that date slip out to me.) The ceasing to act form asks for him to write the next date for appearance to court (as in claim for costs) and it was left blank, obviously hoping the other party could have it decided by their friend/collegue the magistrate without me being present. The same magistrate that told me $30,000 was not worth fighting over, thats all i was getting. The same magistrate that decided i had no grounds to ask for a change in orders. The same magistrate that did award them extremelly inflated costs. Over half my money. The same magistrate that was happy i would not be in any financial difficulty if i was to lose my unit.

I dont know where to start so i better handle one thing at a time.

1 I need to appeal the decision against my claim to have the orders changed.

2 I need to appeal the decision to pay costs.

3 I need to complain to someone about my solicitors ethics, and oppose his payment.

4 I need to have the other solicitor charged with contempt or something, allowing the X to lodge untrue statements and much more. Everything he has done he has done underhanded. Including getting the csa involved in what we were working out quite fine without them.

5 I probably need to do more but dont yet know what.

Am i bitter? Yes. Am i angry? Yes. I know i am emotional but this has gone on for 5 years. I had a family until solicitors were involved. I have been suicidal. I have struggled every week with what i earn and pay to C$A. I am a salary and wage earner, my X has her own bussiness that she states earns her minimal to no pay. I have been alienated from my kids. I have never told them anything about their mother or the court cases. Yet she has told them everything. To her advantage ofcourse. I have been consistently doubted and overcharged by the C$A, even though i have proof against the X's claims. Sorry not the right place to vent. I feel that i am receiving injustice every where i turn. So i gotta fight for my rights. Please any suggestions.
The law society in your state is the place to complain about your solicitor's behaviour.

It is always good to educate yourself with similar past cases in Austlii. This has judgements from regular and appeal cases and contains the case law used to prove the argument.

Junior Executive of SRL-Resources

Executive Member of SRL-Resources, the Family Law People on this site (Look for the Avatars). Be mindful what you post in public areas. 
Thanks for email, i did what you suggested, and i checked out the law society, they will take complaint. Ill leave that low on the list of things to do. i have it all documented. Have to appeal to decision first, before its too late. Looking up grounds at the moment, even tho i feel i have plenty i have to find one that will be accepted.

What rules / laws do the federal magistrates go by? Because it seems like they use both family laws and federal magistrates laws. Thats why im having trouble finding out to what i can appeal.

Last edit: by ptd

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