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Thank you LV

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  • Thank you LV


    Thank you for the source of case law. I have added others to combine the Fraud with lack of Full and Frank Disclosure.

    My stance,

    In providing a fraudulent document to satisfy the requirement of the family Law Rules, I believe it was the Section 6 (Other earners in the Household). SInce the document provided by the Other Income earner and entered into evidence by the Applicant's Attorney is fraudulent ie deceptively reduced household income information that I can now prove is false. They again are in Non-compliance of the Family Law Rules for Full and frank Disclosure. I would then Request an Order to strike the pleadings of the Applicant from trial and an Order to vary the Costs Order from trial due to lack of full and frank disclosure, fraud and dealing in bad faith.

    Your opinion LV?
    What maneuver can I expect in response to this Motion?

    Thanks again LV,

    Thanks again LV

  • #2

    If the order was obtained on fraud or misrepresentation, then yes it should be set aside. The onus is on you to convince the court that they did commit fraud. If this can be proven and the court accepts same, then also the costs award order may be also set aside or drastically reduced. I do think the live in third party is relevent to the situation in regards to determining quantum of spousal support as their needs are less if the third parties contribution to the household expenses are considered. If you are succesful in setting aside the order, then you should also proceed to question the individual under oath to obtain a better understanding of their financial position. You could also ask them to bring financial documenation for loans etc. I do suspect they are presenting their income to be greater when applying for credit, mortages, car loans etc However, when it comes to litigation, they are perhaps displaying their income is much lower to support their stance and attempting to demonstrate need.



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