Event and Time
Event Description
- Parties Involved: Mr. Valasco (appellant) and Ms. Pellam (respondent)
- Context: Ongoing family law proceedings regarding property settlement and parenting matters since 2018.
- Key Dates:
- 28 January 2020: Consent orders made dividing property. - 23 December 2020: Writ of possession issued for the Suburb C property. - 14 May 2021: Applications to set aside writ and consent orders dismissed. - 26 August 2021: Appeal filed against dismissals.
Application and Claims
- Appellant sought to set aside a writ of possession and subsequent consent orders, alleging:
- Forgery of signature on consent orders. - Lack of proper notice regarding the warrant for possession. - Alleged collusion between the parties during mediation which he claimed affected the outcome.
Judicial Decisions
- Primary judge dismissed the applications to set aside the consent orders and writ.
- Appeals filed were found to lack merit, leading to the refusal of leave to appeal and dismissal of both appeals.
Dispute Points and Legal Basis
Dispute Points
- Appellant's Claims:
- Alleged that his signature on the consent orders was forged; he denied placing initials on the first two pages. - Claimed that he only agreed to a division of property during mediation and that orders regarding payment of the respondent's credit card debts were unauthorized. - Asserts that his lawyer misled him regarding the terms and execution of the consent orders.
- Respondent's Defence:
- Maintained that the consent orders were validly signed in court in the presence of legal representatives. - Presented affidavits from the appellant's lawyer asserting that the appellant was present and agreed to the terms of the consent orders.