QuoteReplyTopic: initiating civil proceedings when another case is Posted: 20/May/2012 at 06:19
Hi team, your thoughts please re the legalities and other considerations about acting on the following current situation:
Long-running property dispute between ex de facto parties who split up over 15 yrs ago; and relates to their "agreements" re property and an expired child support matter. The case failed to settle at mediation sessions in current jurisdiction but was also subject of a prior vacated claim to recover debts from the female ex.
The guy is pretty simple and has allegedly been conned by the female ex and she has admitted this to the guy's new partner and others. This person's statements under oath are contradictory and her case now is she "owns" the "joint-titled" property where she lived rent or mortgage repayment free instead of getting cash child support. "Child" now 22 but she still lives there - contrary to what was "agreed" would happen when CS ended. His case has to go to trial - 1-2 years away!
Problem is female ex was a Centrelink client whose case relies on an alleged "property settlement" whereby guy would buy her a house then take his name off the title! (Yeah right - not!) She forgot to advise Centrelink about this alleged income and her share of the later joint borrowings. She also applied for rent assistance re this property; paid for entirely by the guy; and now says she got no cash from their loans despite all the bank cheques showing she got $thousands. These are criminal offences.
Meantime, guy and his new partner split up pretty much because of the stress and costs of the allegedly vicious ex female's lies which have included that guy's new partner "made it all up" and has a "vendetta" against her. Not true of course but serious damage has happened to new partner including ongoing defamations, threats against her etc. All manner of insults and demonstrable perjuries by this female ex and her family have really hurt the new partner and she is "over it".
New partner suffered from depression caused by all this and wants to take her own action and sue for damages. But the guy's case is still pending.
Different cause of action for guy and his new partner but many overlapping facts. Vicious ex applied for a VRO against new partner but failed in her malicious and perjurious application when the first claim was on foot. New partner says that was a contempt of court and abuse of process but she does not want to be accused of the same if she actions her case against guy's ex.
Can the new partner take her own action against the allegedly vicious ex based on the mental harm?
The problem with bringing a case purely on the basis of psychiatric injury is that the harm has to be significantly greater than the sort of stuff that ordinarily happens in domestic disputes and it has to be a recognised condition. People get hurt, upset, angry, distressed and depressed and so on, which is not enough to give rise to a liability.
Moreover, you not only need a recognised psychiatric illness to manifest itself, it has to also be reasonably foreseeable.
Yes I know Not Guilty. There is a diagnosed Post Traumatic Shock and there are 2 sep shrinks to attest to the fact. This was no ordinary "family tiff". There were threats of the most hideous violence and being "fitted up" for trumped up crimes. Coppers did not give a stuff - just "civil" never mind the threats with intent, the forged & uttered "declaration" and the perjury. All just a walk in the park. Worst part is that the stupid troll actually confessed to her victims and that is what made the damage so much worse. Oh that and let's not forget the deliberate Hep C infection of her partner the nasty junkie troll.
So there you have it. Reasons why this has to be plead.
long after separation between the guy and his ex (who along with her family made these threats) to the guy's new partner. She "got in the way" of these criminals so they threatened her and this guy from whom she is now separated.
The threats and certain knowledge that the opponents were crims and that the cops to whom it was reported would do nothing because it was the cops said "only a civil matter" even tho it was never just civil but very criminal - this led to the mental and other harm.
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