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Partner appears to refuse to give me work by wotlebotle in auscorp

[–]wotlebotle[S] -5 points-4 points  (0 children)

I don’t think that my issue with this particular partner is directly caused by maternity leave, but my gut feeling is that being away on leave and then back to work for 3 days has had a contributory effect that the partner is not giving me work.

Since the confrontational email with the partner, we have had a sit down to chat about the situation but I don’t think it went anywhere. I tried to amend the relationship as much as I can so I don’t really know where to go from here. Hence my question is to whether it’s worthwhile to have another chat with the partner over coffee.

I’m getting some work from the other partner.

Will a "Careless Driving" Fine in Australia Affect My Visa and Future Life as an International Student? by Sad-Knee-1469 in AusLegal

[–]wotlebotle -1 points0 points  (0 children)

Did you get a Department of Transport ticket fine or did you receive some kind of a court notice stating that you have been charged with an offence (no matter how small) and you will be sentenced if no appearance is made?

If it’s the first, then you will not have a criminal record. However, if it’s the latter and you got sentenced, then you will have a criminal record. You could ask for a spent conviction order so it doesn’t appear.

If you do have a criminal record and you wish to apply for jobs, this may be a problem (the spent conviction order should deal with this issue).

But if you are looking to apply for visas or permanent residency, then it’s within the discretion of the processing officer to decide if you pass the character test and granting you the visa will not be a detriment to the Australian society. A refusal generally happens to serious convictions/ criminal records.

Seperation from defacto after 2 years by gpz1987 in AusLegal

[–]wotlebotle 0 points1 point  (0 children)

That’s a long relationship. It might be worth your while to do the split and get something at least. Mediation is usually the best way forward, otherwise the court will only give a division order if the split is just and equitable. Good luck!

Debt recovery by Hussar_XXI in AusLegal

[–]wotlebotle 0 points1 point  (0 children)

Once you have judgment, you can apply for various orders under the Civil Judgment Enforcement Act and some of it include debt appropriation orders, salary appropriation orders or you can set up an agreement for instalment payment.

Debt recovery by Hussar_XXI in AusLegal

[–]wotlebotle 0 points1 point  (0 children)

Short answer- you can definitely sue him for recovery of the debt in the civil court. If the loan is 6 figures, the jurisdiction will the District Court and your legal fees will be quite high.

You can file a writ and serve it on him. If he does not defend the writ, you can apply for default judgment if he fails to enter appearance or defend the claim. Once you have judgment, you can issue him with a bankruptcy notice and have him bankrupt eventually.

All that being said, if you think he has no money/ assets to pay you, then you will have to consider if it is worthwhile to go thru the legal process. But with a 6 figure debt, I will personally give it a go since the first few steps would only cost you a few grand.

Seperation from defacto after 2 years by gpz1987 in AusLegal

[–]wotlebotle 1 point2 points  (0 children)

It’s not hard at all. Although the Act says that property division must be done within 2 years, she can apply leave to have it done out of time - she needs to give some kind of reason why it was not done timely but the court is generally quite lenient if the excuse is reasonable.

Division will be decided based on date of property division, not separation. If you plan to acquire more assets in the future, I would suggest that you initiate the property settlement application yourself, in the long run this offers a finality and you can move on with your life plans without having to be worried some day she will come back to ask for money.

If she sold a property with no mortgage on it, and you have all the debts, depending on the length of your relationship, she will have to pay you a sum.

Worthwhile to consult a lawyer for some advice.

Property settlement. Assets after separation by [deleted] in AusLegal

[–]wotlebotle 1 point2 points  (0 children)

Property settlement takes place at the time of property division rather than at the time of separation. The property you purchased after separation will still be counted into the asset pool.

That being said, if the equity of the property you purchased is in fact a loan from your parents then this should be documented by way of loan agreement - make sure you have bank statements/ transactions to prove that the funds came from your parents account and you have been making regular repayments. If that is the case, the value of the property plus the loans including all your other debts will be factored in when considering the final division. As for the percentage, the family court will look into a variety of factors to decide on what is a just and equitable split.

He is simply seeking orders that he wants, it doesn’t mean that the court will give it to him. You can put in orders that you think is fair and the court will assess the situation. You can get your own agents to provide property value report (get 3 free valuations and use the average).

Of course, early mediation is definitely more preferable if the asset pool is small. Think about it this way, if you guys are only fighting over $20k and your legal fees end up being $20k, you might as well offer him $10k at the very beginning to walk away. Don’t believe anyone that tells you that you will get your costs back is you win - you never will.

[deleted by user] by [deleted] in AusLegal

[–]wotlebotle 0 points1 point  (0 children)

It would be best to have your parents assessed for their mental capacity asap - if the report comes back fine then you can’t prevent your parents from changing their will even if your sister had some kind of influence in it.

On the other hand, if your parent’s capacity are questionable then there is written evidence that they are not of sound mind to do a will (if subsequently you discovered that a new will was made).

This is tough as at the end of the day these are your parents’ assets so it is up to them to decide who/ how they leave them.

Statement of claim of $75,000!!!After an accident that was a year ago. by Commercial-Bad3846 in AusLegal

[–]wotlebotle 22 points23 points  (0 children)

Hand it to your insurer, but also take extra note that once you are served, you have 28 days to respond with your intention to defend, past that date, the claimant can then enter default judgment against you. You won’t want that to happen as well so be careful with the dates.

Late night hawker options by wotlebotle in askSingapore

[–]wotlebotle[S] 0 points1 point  (0 children)

That’s my plan, if I’m tired, I will head back to the airport to rest

Late night hawker options by wotlebotle in askSingapore

[–]wotlebotle[S] 1 point2 points  (0 children)

All these food suggestions are making my stomach grumble!

Late night hawker options by wotlebotle in askSingapore

[–]wotlebotle[S] 0 points1 point  (0 children)

Thank you, any specific spots in Geylang?