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Clarification regarding Declining offer to Contract vs Invite / Going to Court
I watched couple of modules which have left me somewhat conmfused as to which advice takes precedence in certain matters. For example the PDF detailing the car purchase with promissory note it says to:
“So, unless you’re competent in addressing courts, or have sufficient funds to employ a competent lawyer,
you ought avoid litigation and appearing before any court. That’s a simply process. Any summons you
receive to appear before a court is simply an offer or invitation to attend and can be legitimately accepted or
not accepted by writing across it in bold red writing;
‘I DO NOT ACCEPT YOUR OFFER TO CONTRACT.
REFUSED FOR CAUSE WITHOUT DISHONOUR,
I DO NOT CONSENT TO THIS MATTER PROCEEDING,
SETTLED PRIVATELY,
RETURN TO SENDER’ “But then in the Addressing Family Law Courts it talks about trying toi stay out of court and at worse if going to court then making sure to fill out affivits and responses etc.
Is the advice to make sure all paperwork is filled out if someone has accidentally consented to going to Court or being the Respondent? Does someone that has offered conditional acceptances 2-3 times prior to court dates still have to go to court and fill out paperwork or should a default judgment order be sought (and what court) ?
I guess what im asking generically – is Family Court for financial aspect something that you cannot avoid at all if the previous spouse initiates proceedings?
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9 Replies
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Here’s a couple of Q and As that might have some information that you can use.
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Family court is a matter that cannot be as easily dealt with as some other matters, that is why there is seemingly conflicting information.
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Appreciate you taking the time to try assist @gismet2slingshot-co-nz and a bit of grey area, however my question/confusion is around the training module and the document that says:
“The best advice that can be given in regard to the Family Court is:
1. Avoid using it or going to this court if at all possible – at all costs, especially for the male population, and
2. Settle matters with the other party privately so as to preserve as much of your respective estates as possible.”
Would anyone be able to get clarification from @mark perhaps to elaborate on this as its a signifcant thin to decide not to do (ie not go to court if there has been something filed) by the other party
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Did you read all f the PDFs I gave you, it talks a bit about this issue in the but I will reiterate it here.. The reason Mark says this is because family courts do not care for you or your children and it is best to settle privately with your spouse. If you don’t then it could cost you and your spouse both a great deal of money and if children are in the mix they can end up in precarious situations and you still will likely not get a satisfying resolution. They are not good places to carry out family disputes and there is no mercy for those who are not willing or able to work through their own issues. You are basically handing over all your power within any negotiations over to the courts to make the final decision. It is much more wise and healthy to deal with these matters in the private between you and the there party even if it means you have to compromise to get the other half to sit down and work things out with you. I have spoken to others who have attended family court over a dispute with their spouse and they were shocked at how unfeeling the courts were, they noticed that the lawyers and judges seemed t be negotiating with one another and ignoring the needs of him and his ex and their children. He said it was quite shocking because we are presented with something very different when we see shows on tv about the courts and he walked in very naive and walked out wiser with a few metaphorical bruises.
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I did read all those and i understand that its better to settle privately.
I appreciate your response but it is only applicable to someone who is still able to go down that path of settling matters privately, but you cant control what the other party does. Settling privately is a 2 way street.
However if the spouse has commenced initial application the way I see it i only have 2 choices, attend the first hearing or not attend. If someone doesnt attend can a ruling be made on first appearence?
I did attempt settling things in private but without much avail just combative and arguementative responses, is it an option to try get a summary judgment through a JP excercising Court of Summary Jursdiction given the 3 non replies and issue the spouse a Notice of Default and a Notice of private settlement closing the matter? Then potentially get that Summary Decision enforced in Family Court?
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it might be worth going down that path yes. However the choice of what you decide to do is always yours to make as you will have to hold your position with whatever you decide to do. If you have looked at all options and studied up on them and you think that is the best option then go for it!
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Always at least try to settle any matters privately as it is looked upon favourably by the courts and you remain in honour.
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Thank you both, i ended up going in (was at 2Pm perth time today hence the rush with questions) and let the magistrate know that ive attempted to settle in private but she said she wasnt there to adjudicate but just set a date for hearing which is gonna be March 31st.
I also got her to put on record that order has been made that all correspondence is done via Post and not by email which wifes Legal Aid lawyer called “strange request” but it got done.
Any advice on steps to complete before then? I already have issued 2 unresponded notices to the lawyer in his private capacity and 2 directly to ex wife and posted via registered post to her address.
1. should I try get a Default Judgement by JP in Summary juridiction court or can that not be enforced?
2. When i get correspondence from her lawyer, if i reply via post do i reply and address it to him or post it diretly to her and not to deal with lawyer?
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Hi cozmofo
I just read through the threads
My apologies for the late reply. Am totally overwhelmed and work lately till 1am in attempts to keep up.
in relation to your matter, this is precisely how I would handle it
1. Have a private default judgment in place via the private administrative process (3 notices that are unanswered0
2. File an answer or reply, whatever the family Court document is that answers the application. That is essential. You list by one paragraph at a time any pleadings of fact that are relevant to your case. You also answer every paragraph your ex has made in her application, either with “admit” or “deny” then give the reason why you deny
3. Ensure you draw up an affidavit and state all your facts, then support each statement of fact with evidence by way of exhibit to the affidavit.
Ensure you answer each statement of fact in your ex’s affidavit, if there is one. If your ex’s is the last affidavit filed, yr ex will will by default. Never ever let yr opposite have the last filed affidavit. If one is filed – you make dam sure you answer it so yours is the last one filed. If the facts are unrebutted in your affidavit, it will stand as truth in commerce and you will win by default because you can then seek a summary judgment on the facts disclosed within that last affidavit.
You want to win? you gotta be smarter than your opponent and their liar – lawyer & ouytmanouvre them. It is simply “strategy”
I hope this helps
Off to. y next urgent job
cheers
mark
