My brother Eddie Gaskin is being evicted by his daughter on 23rd September. At the moment Eddie resides at 3/110 The

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Customer: My brother Eddie Gaskin is being evicted by his daughter on 23rd September. At the moment Eddie resides at 3/110 The Avenue Ocean Grove. Although the unit was purchased with Eddies money the unit is put into Justine’s name. Eddie will be homeless and Justine has taken all of his money. We have been to meditation but have been told that because the unit is in Justine’s name the law deems that a EDDIE has ‘gifted’ that money to her. What can we do to sort this problem out. Eddie now suffers from depression and has been on suicide watch. We would appreciate any advice you can give us. Regards ***** *****
JA: The Lawyer can help you determine if that's legal. Where are you located? These laws vary by state.
Customer: Eddie lives in Ocean Grove in Victoria
JA: Anything else you want the Lawyer to know before I connect you?
Customer: This situation goes back to 2001 when Eddie sold his taxi and EDDIE and his late wife Joan decided to buy land in Point Cook and build their home there. Justine said she could apply for the first buyers grant and put the property into her name. Eddie and Joan paid for everything and he has proof of that. Sadly Joan passed away in February 2017. Justine quickly sold the property and kept all of the money. She then purchased the property in Ocean Grove and Eddie now lives there. Justine and her husband ***** *****ve on a million dollar plus property in Wellington Victoria. They are very deep in debt but that is not my. brothers fault. My brother is almost 75 years old and we cannot believe that Justine is doing this to her father. By the ay my brother and Joan were unable to have their own children so they adopted the 3 of their kids. Why would anyone think that someone would ‘gift’ all of their money to one of their kids and finish up homeless.
Answered by John Melis in 1 hour 2 years ago
John Melis
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John Melis
78938 Satisfied customers
10+ years of experience
John Melis
10+ years of experience

78938 Satisfied customers




31,131 Satisfied customers

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John Melis, Expert

Hi, I’m John, solicitor, and reviewing your post, and may need to ask a few questions a long the way to assist you.

Where you cannot resolve this issue amicably between the parties, what I suggest you do is immediately file an application in the Victorian civil administrative tribunal. This will give the best chance to try and resolve these issues..

​The VCAT process is excellent to mediate disputes of this type as it forces the parties to come together to discuss the issues involved.

In most cases at mediation, the matter will settle.

The matter is Civil.

You will be the applicant and the insurer the respondent.

The important filing document is the points of claim. This document needs careful preparation. I recommend that you download the application first, complete the same and then upload as required to commence the lawsuit.

The alternative to this is applying to the local court, in which case you will be able to recover your legal fees as well in pursuit of the debt amount.

What you need to do is to write the complaint in a chronological order detailing what the issue is and what action you have taken to try and rectify the matter.

The chronological order needs to be numbered with points 1, 2, 3, etc. with each point being a separate item. I recommend that you download the application first, complete the same and then upload as required to commence the claim. I recommend that you download the application first, complete the same and then upload as needed to begin the lawsuit.

The following link will assist you further.

You may also consider the option of using the small business commissioner as well.

Would you like to consider this option?

You have a legal right to protect your interests in this situation.

​Thank you for reaching out today.

I am a user like you in this chat forum to assist in your question today.

Thank you kindly for rating me with five stars, which helps me support the community.

You can come back to this post any time to ask questions without additional charge.

I hope I have assisted with answering your question today, and thank you for supporting the community.

Hi John thank you for your reply. We went to the mediation and the outcome was that Eddie was pressured into signing a document that stated that he has to vacate the premises and the property has to be sold. This is due to Justine and Adam being in a very serious financial situation. Out of this Eddie will only get $250,000 minus $25,000 to be paid to his lawyer. I cannot see how this came about considering Eddie worked all of his life and now will finish up with nothing. All he wants is to buy into a retirement village to live out the rest of his days,that amount of money won’t buy him anything. I will speak to Eddie tomorrow and tell him what you have suggested. Thank you for your time John.
Regards *****
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