Case Study:

Fiona’s debt due to ex-husband

Fiona has recently separated from her husband. She has debts to a Major Bank due to putting her name on a personal loan her ex-husband took out. These debts are incurring interest that she cannot pay.

Fiona attends an appointment at a Generalist Centre’s evening legal clinic, and is seen by a volunteer lawyer who provides advice in relation to both problems.

The advice covers mostly civil law (internal review by the bank, AFCA, and debt recovery proceedings) but also family law (property settlement). The Other Parties are Fiona’s husband for both the family law and the debt matter, and the Major Bank for the debt matter.

The volunteer solicitor writes up one Legal Advice, even though the advice crosses several areas of law, and has several other parties.

The next day, a Centre solicitor reviews the Legal Advice. They decide Fiona would benefit from additional advice and possibly additional assistance from the Centre’s staff lawyer who is experienced in running debt matters. A staff lawyer then contacts Fiona, asks her more questions, and provides more comprehensive advice. This is recorded as a second Legal Advice.