Surviving The Legal System With a Psychopath in Australia

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The Independent Children’s Lawyer is possibly the most misunderstood role in family law.
The National Legal Office has more information that can be accessed here
ICL WEBSITE ADDRESS: HTTPS://ICL.GOV.AU
I’ve set up a go fund me campaign to fight the bankruptcy proceedings my ex has launched against me: https://gofund.me/24af5893

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What do they mean, and why is it important to understand the difference between final orders by consent, and final orders by judgement.
One you can appeal, the other you’re stuck with.
Do you know which is which?
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I’ve set up a go fund me campaign to fight the bankruptcy proceedings my ex has launched against me: https://gofund.me/24af5893

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Just like the Eagles sing in Hotel California: if you’re in a property case “You can check-out any time you like, but you can never leave!"

Without leave of the court, you cannot withdraw from a property case once it’s started, no matter how exhaustipated or traumatised you are by your psychonarc ex.

Withdrawing leaves you vulnerable to a costs order being made against you, but even more horrific than a costs order is the fact that the rules allow your ex to continue to litigate the proceeding without you there, on an undefended basis, and not only are you at risk of costs, but you also have no say in anything and you’ll have to wear whatever the court orders.

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 (F2021L01197) - RULE 10.02

Discontinuance

(1) A party may discontinue an application or response by filing a notice of discontinuance in accordance with the approved form.

(2) A notice of discontinuance may be filed:

(a) at least 14 days before the day fixed for the final hearing of the application; or

(b) with the leave of the court, at a later time.

(3) However, a party must not file a notice of discontinuance in a proceeding under the Family Law Act without the leave of the court if:

(a) the proceeding relates to the property of a party; and

(b) one of the parties dies before the proceeding is decided.

(4) A party filing a notice of discontinuance must, as soon as practicable, serve a copy of the notice on each other party to the proceeding.

(5) Discontinuance of an application or response by a party does not discontinue any other party's application or response.

And then there is the costs implications:

FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (FAMILY LAW) RULES 2021 (F2021L01197) - RULE 10.03

Costs

(1) If a party discontinues an application or response, another party to the proceeding may apply for costs.

(2) Unless the court directs otherwise, an application for costs must be made by a party within 28 days after service on the party of the notice of discontinuance.

(3) If an order for costs is made against a party, and the party brings against the party to whom the costs are payable a further proceeding on the same or substantially the same matter, the court may stay the further proceeding until the costs are paid.
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I’ve set up a go fund me campaign to fight the bankruptcy proceedings my ex has launched against me: https://gofund.me/24af5893

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Contempt is criminal, while a contravention is civil.
The differences are not that subtle, but I’ve had Australian lawyers argue with me that I’m wrong. Makes for a fun day in my life when lawyers act like this, but it’s what happens when you challenge the rarified air of the the legal profession.
FAMILY LAW ACT 1975 - SECT 112AP

Contempt

(1) Subject to subsection (1A), this section applies to a contempt of a court that:

(a) does not constitute a contravention of an order under this Act; or

(b) constitutes a contravention of an order under this Act and involves a flagrant challenge to the authority of the court.

(1A) This section does not apply to a contempt that constitutes a contravention of a maintenance order if the order has been complied with before the matter of the contravention comes before the court.

(2) In spite of any other law, a court having jurisdiction under this Act may punish a person for contempt of that court.

(3) The applicable Rules of Court may provide for practice and procedure as to charging with contempt and the hearing of the charge.

(4) Where a natural person is in contempt, the court may punish the contempt by committal to prison or fine or both.

(5) Where a corporation is in contempt, the court may punish the contempt by sequestration or fine or both.

(6) The court may make an order for:

(a) punishment on terms;

(b) suspension of punishment; or

(c) the giving of security for good behaviour.

(7) Where a person is committed to prison for a term for contempt, t

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A tricksy question for the uninitiated

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