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Indemnity or Immunity

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Calmar View Drop Down
Legal Guru
Legal Guru

Joined: 20/April/2013
Location: Australia
Posts: 1308
  Quote Calmar Quote  Post ReplyReply Direct Link To This Post Topic: Indemnity or Immunity
    Posted: 07/February/2015 at 17:53
I am close to getting a trial date in property matters in the family courts. Clearly, it is in my interests to attend in person, as the alternative will be a video link. I have already stated potentially I will not attend in person even if ordered for the reasons below. I want this case closed in Australia and am not seeking to have proceedings stayed etc.

My question is whether I can be given an immunity In some way that will prevent me from being detained if I enter Australia. That would clearly only relate to specific areas from the past, not anything that would arise once I re-entered.

My concerns stem from two sources: the first is persistent malicious allegations by my ex that in the past have triggered arrest (no charges) and DOCs investigations (no action). Second, i have CSA arrears. That stems broadly from an assessment I am disputing, whereby I do not have the funds to clear the arrears and CSA understand that. However, I understand they have the power to detain without a court order, doubtless my ex will push them for that.

I have no doubt my ex will do anything to stop me leaving Australia if I enter, and in the past has sought ministerial intervention. I would add I am not an Australian citizen and do have a bond lodged with the court already. Or do I simply go the video route?

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