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DID YOU KNOW

 
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OneAdad
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Joined: 29 Nov 2005
Posts: 467
Location: Penrith NSW

PostPosted: Thu Mar 02, 2006 3:15 am    Post subject: DID YOU KNOW Reply with quote

That a person representing themselves in court, cannot under Australian Law, have their own time considered as part of a cost's award. Australian Law defines the value of time of a party to the case as "NIL"

Only "out of pocket" and Solicitors and Barristers fees" are considered.

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dadycool



Joined: 21 Oct 2006
Posts: 229
Location: NSW

PostPosted: Wed Aug 08, 2007 5:54 am    Post subject: Reply with quote

Some Judges, mainly Federal Court Magistrates are allowing Self Litigants to claim for their time.

I stress SOME!!!

Out of pocket expences include 'travel'. The FCA rate for travel in a motor vehicle is 80 cents per kelometer. That adds up very quickly.

DC

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2ndfamily



Joined: 26 Dec 2006
Posts: 290
Location: NSW

PostPosted: Wed Aug 08, 2007 12:58 pm    Post subject: Reply with quote

Several years ago I was subpeoned to appear before the family court in NSW by Hubby's ex defacto in their property settlement case.

She was trying to have my assets combined with theirs which was thrown out.

I was awarded costs for travel and time off work but only after Hubby (self represented) requested it.

She (or her barrister) objected, that was overturned and she refused to pay. I had her back in court months later and she was allowed to repay me at $10 per month....

It did happen and I eventually received my money. So make sure your witnesses if subpeoned receive costs. YOU must ask for it in Court.

As you say though OneADad self represented people don't get the costs though...
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Verdad



Joined: 17 Jul 2007
Posts: 15
Location: Sydney

PostPosted: Wed Aug 08, 2007 9:28 pm    Post subject: Costs Reply with quote

A non-attendance at a court date (conciiation hearing) can result in the other party being liable for costs. That goes to wages lost and travel. In some respects it is the court using punitive pressure.
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2ndfamily



Joined: 26 Dec 2006
Posts: 290
Location: NSW

PostPosted: Thu Aug 09, 2007 8:20 am    Post subject: Reply with quote

But you must request it at the non attendence hearing. Other party skipped one and I didn't know "how" the system worked in those days....
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