Settled Case

Settled Cases (2020)

Property Settlement
Our client instructed us to represent her in a property settlement dispute between her and now ex-husband. She was married to her husband for 27 years. During their marriage they purchased a home, and have since fully paid for the mortgage. Our client had concerns that she would not be able to obtain more than what her husband at the time had offered 15% of the value of the home. Our client had never worked in her life, caring for four children they had together and conceded that her husband paid for the majority if not all of the bills.

At hearing our client was awarded 55% of the home. Whilst our client had made no financial contributions to the home, submissions were made that the father had performed no domestic duties nor provided care for the children in their upbringing. Significant weight is attached to the domestic duties performed by stay at home mum’s that care for their kids. Although, they are not financial contributions, they are contributions that can be given the same weight as if they were financial. Our client was also closer to retirement age than the husband, with little to no superannuation having cared for their kids. The husband was ordered to pay 55% of the net proceeds of the home to our client.
Damages to Vehicle
Our client was involved in a motor vehicle accident, cause by driver who had failed to give way. Luckily, no one was injured but neither party had comprehensive insurance. Our client sought the cost of repairs to his vehicle caused by the other party. The outcome?

The accident was clear cut, the other party failed to giveaway to oncoming traffic, failed to keep a proper look out and failed to comply with the road rules, that ultimately led to the collision. The other party was given ample time to respond to our demands. After receiving no updates, a Statement of Claim was filed in the local court of NSW. The defendant had 28 days to file a defence in which he failed to do. After 28 days passes, our client is entitled to request what is known a default judgment, where our client would be given a judgment in his favour by default. However, on the day we were instructed to file the notice of motion, we were offered an settlement figure that was pleasing to the client. The matter was resolved by party’s signing a deed of release,
Domestic Violence Case
Client accused of striking his wife, as a result of the wife’s complaint to the police. Furthermore, our client was issued an ADVO (Apprehended Domestic Violence Order). The outcome?

Our client maintained his position that he did not lay a hand on his wife. A key witness was called by our leading lawyer in this matter. The wife gave evidence to the police and the courts that she was screaming at the ‘top of her lungs’. The alleged offence occurred in their matrimonial home close to midnight. The neighbours were called as witnesses by our lawyers, who gave evidence that they did not hear a scream on the night in question. The party’s happened to live on one of the quietest streets in Australia. Additionally, the distance between our client’s house and his neighbours was between 2 -3 meters. Submissions were made that if the wife had in fact screamed at that time of night, the neighbours would have most certainly heard the scream. Magistrate found our client not guilty and the ADVO removed.