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Civil action - anyone done it or had it taken out upon them?

Discussion in 'The Pub' at netrider.net.au started by GoTeam, Aug 17, 2009.

  1. I had someone intentionally take away my legal rights in the last fortnight and am seriously considering suing them for it. What they did was completely wrong and frowned upon by the law. Has anyone here been through such a process before? What sort of lead time before it went to court and trial length was there for you? Would I be able to seek for them to pay my legal fees on top of whatever sum I seek?

  2. There are real lawyers here and other people with experience of the system, so listen to them (not me). But as far as I know you can *seek* an order for costs but it's up to the judge to decide whether to grant it or not. Basically IMO you should make your decision about whether to go ahead or not on the basis that you will be paying all your own legal costs... if you get it back it's a bonus, but you shouldn't expect to.
  3. PM our legal eagle thetramp64

    What was the situation exactly?
    You don't have to be specific.
  4. I'm asking about anyone's experience of going through it. I have a solicitor on the case for me (not suing but that's the next step I'm looking at). I'm happy to listen to as many informed stories/opinions as possible beforehand.

    <snipped based on TheTramp's wise suggestion>
  5. You can indeed "seek and order" and would as a matter of course.
    But, you will never get all costs back. What you mainly get back are the costs associated with the court action, barristers fees etc.
    The "back end" costs are often not recoverable.
    I tell people to work as a "rule of thumb" ONLY on getting 60% plus. Obvioulsy you can recover a lot more, but don't bank on it.

    Now, the flip side is if you lose you pay him his costs!
    PM if you want to discuss (Name and no:).

    Edit: I just saw the posted info.
    Two suggestions.
    (i) Don't "Fight the matter" here. In fact Family Court matters (if this was to become one) are as a rule confidential; and
    (ii) Talk to your existing solicitor about the costs issues and what other avenues may be open.
  6. damn, missed it :twisted: