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Has anyone applied to the supreme court before?

Discussion in 'Legal Issues' started by superAndrew, 12th Feb, 2016.

  1. superAndrew

    superAndrew Member

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    Anyone know how to or has done an application to the supreme court before?

    I would like to apply under PROPERTY LAW ACT 1974 - SECT 38 Statutory trusts for sale or partition of property held in co-ownership.

    The forms on their website don't seem to really apply.

    Forms - Queensland Courts
     
  2. Terry_w

    Terry_w Solicitor, Finance Broker, CTA Business Member

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    Are you going to do it on your own without a lawyer? I wouldn't even do this myself and I am a lawyer.
     
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  3. D.T.

    D.T. Adelaide Property Manager Business Member

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    I have, for Letters Of Administration. Lawyer did it though.
     
  4. RPI

    RPI Property Lawyer, Town Planner Business Member

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    I might have applied once or twice...

    In all seriousness we do this all the time.

    If you want to PM me the details, I can reply through here in a general way (sans any identifying info) and let you know what is involved.

    I think I know what you are trying to achieve. It may be better to sever the tenancy first. Normally we can sort it before having to go all the way
     
    Last edited: 12th Feb, 2016
  5. superAndrew

    superAndrew Member

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  6. RPI

    RPI Property Lawyer, Town Planner Business Member

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    If you want to go down the Supreme Court route in this instance then ASIC is not going to contest it so you would be looking at circa $10k including court fees.

    Given you have been paying etc for years then the better route may be to negotiate with ASIC (I would still lawyer up though) to sell the property and they get a reduced percentage in lieu of costs that you have paid. It depends on the individual on their side but this would probably need to be by way of a Calderbank offer.

    If you want to try and get more than half it would be a lot more expensive.

    I would always recommend you lawyer up in any of these situations. Smart lawyers should never represent themselves in Court, in litigation you need someone to advise and advocate on the situation who doesn't have any skin in the game. By having that third party you will get a realistic view of the situation and someone who can concentrate on the best (and realistic) outcome without being influenced from their involvement in the situation.
     
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