Case Study – Defeated Caveat by Creditor
Simon acted for the ex-wife of a businessman. The businessman, now bankrupt, had signed credit terms with a supplier which allowed them to have an interest in the family home. The ex-wife was unaware of this. When the Creditor lodged a caveat and sought to take the proceeds of sale of the home Simon was able to defeat their claim in relation to the ex-wife’s interest.
Through negotiation the ex-wife received her share of the sale of the house in full plus some contribution towards costs.
The client commented
“Without telling me, my ex had signed a Contract which offered our family home as security for his business debts. When the business went bad the Creditor put a caveat on our home and sought to take all of the surplus sale proceeds. They were going to take the matter to the Supreme Court and seeks costs against me. Simon’s commercial skills were crucial in preventing their claim and bringing them to the negotiating table. At the end of the day they only took what my ex would have received anyway. The money that was saved helped me to continue to have the kids live with me. I am very happy with Simon and would recommend him to anyone with Family Law issues”
Case Study – Complex Estate Finalised
A former real estate agent had a portfolio of some 11 properties. Unfortunately, after commencing the administration of his wife’s estate he fell ill and ultimately passed away himself. His wife estate was left unfinished and he had not arranged his own will etc.
Upon investigation it became apparent that a number of the properties has certificates of title but despite extensive searches these could not be found. It also became apparent that there were mortgages to a Bank which had ceased to exist many years ago – making the task of obtaining a release most difficult.
Working hand in hand with the deceased’s brother we were able to reconstruct the property portfolio, maneuver around the lack of certificates of title and obtain a release of mortgage from a successor bank.
Case Study – Relocation application opposed
The client lived with her husband in a mining town. The marriage was failing and the client was unhappy in the town due to an assault she experienced.
Parties agreed to move but this was constantly delayed by husband. Wife made a final date and moved closer to her family, on that date. Husband helped with the move etc.
Husband then brought an application in the federal magistrates court to have the kids returned to their previous location.
Matter was heard in Cairns. Through the collection and provision to the court of relevant evidence we were able to show the court that there had been an agreement and that the move was previously agreed to.
Following that decision we were able to negotiate a fair and reasonable contact regime.