I have recently received a letter from the SRO requesting proof that I genuinely lived in my property that I claimed the FHOG for more than 4 years ago. I did reside there, as in my bed and possessions were there, but I wasn’t physically there much. It was pretty much a place to crash at night and that’s about it – the rest of the time I was at work Mon to Fri, at my boyfriends house (at the time) approx 2 nights per week, out socialising with friends etc.
At the time i did change my drivers licence address and electrol roll record to the address (no idea how to prove this after 4 years), and I have copies of my utility bills still. The issue I have is my water bill was a shared meter, so it doesn’t really show my own water consumption. The electrical bills do show my own consumption, however they are very very low. This is due to it being a 1 bedroom apartment with no heating or cooling, I didn’t really cook there and I was going through a ‘cheapskate’ phase in my life where I turned any power consumption appliances off at the switch. To be honest I really only using the light switches for the most part as I just wasn’t there enough and didn’t have many appliances at the time.
I’m worried the SRO is going to reject all of my other supporting documents due to the electricity bill as I have read other people’s feedback in the same situation online.
Can anyone provide any advice for this before I respond to the SRO?
I should also mention that reading the FGOG Act 2000 in vic, it states the time limit for ‘prosecution’ is 3 years. My property was bought more than 4 years ago. Is this relevant?
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This reply was modified 8 years, 7 months ago by
L.
There is a VIC case, from memory, where the SRO took on a person in a situation like this, based on the amount of electricty usage.
I suggest you read the act in full. You are not being prosecuted at this stage, and they may not be able to prosecute because of time limits.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Hi Terry
I did read through the act in full. From what I think I understand, there is a 3 year time limit on prosecutions, but the commissioner has 5 years to reverse a grant. I feel trapped between standing my ground, and the risk of being unfairly penalised if the SRO believes differently.
Do you still live in the place at the moment and do you know any of the neighbours from that time? Perhaps if you are friendly with any of the residence from that time you can ask them to write a statutory declaration that you resided in the property and they regularly (at least once or twice a week) saw you at the property (if you were really there).
Do you HAVE to submit the electricity bill? Can you ask the electricity company to issue you a simple letter stating that you had the electricity connected between the date you got it connected and now (or when you disconnected it) without providing an itemised bill? What about phone (mobile), internet, Foxtel, mail redirections, speeding fines or ANYTHING that was mailed to the address, receipt of these is another proof you lived there. If you can prove you resided there, your electricity usage could be used as circumstantial evidence in the event you cannot provide any other proofs and it would be a big one. If you can provide several proofs other than electricity I doubt you have any thing to worry about, as with these other proofs, they are unlikely to do you for living like a hippy and not using much electricity (key point being IF you do have other proofs).
For electoral roll, I suggest you contact the AEC, however a couple of months back I changed my address to our PPOR we just sold on the rates notice so I could register my trailer in NSW a couple of months before I moved to NSW (less than 2 weeks to go now), save having to change the rego to the current state I am in and then again once we move, and the AEC was notified by the council. I had letters sent to my old PPOR address stating I am now enrolled there… point being I wouldn’t rely on electoral roll as a huge proof unless you voted at the school down the road from the property and can prove it.
John
Literally just found this, it does mention she was renting the property out and then tenant contradicted her story of living in it:
John
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This reply was modified 8 years, 7 months ago by
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