Positions Paper Mediation Okrien

Mediation Statement
Dated: 02/09/2022
Jane Evelyn Chesters
Chesters Legal Pty Ltd
Lower Ground
37 Angas Street
Tel: 0862637717
Background & Facts
Dear Mr Chester,
We appreciate your willingness to mediate the above mentioned matter. Below is a brief
overview of the facts of the case, as well as our position relative to those facts.
Mr. George Dixon (Applicant) and Mr O’ Rourke (Defendant) started the business “Compute Your
world” together with $18,000 in savings and approx $5,000 in personal assets of Mr O’ Rourke
and approx $2,000 in business assets and a car under finance owing $20k, and some
belongings of Mr. George Dixon. In the beginning I find Mr Dixon quite introvert and less
experienced individual so I helped him as a friend in all walks of life and we supported each other
in growing the business together. He was living at home with his parents, studying certificate 3 in
small business management, had only ever held a job for about one month at hungry jacks and
had very little business experience. I had come from a diverse background working in various
industries from IT, Employment Consultancy, E-Commerce, Sales, and Families SA also having
done Certificates in Small Business Management. From there on, in the next 6 years the
business went from trading 20k in the first year to trading approx $750k in year 5 and 6.
Most of the decisions about managerial work including advertising, accounting, marketing,
complaints handling, employing staff, taking care of day to day expenses, compliance issues
related to the law, tax liabilities were administered by me in all those years and on the other hand
Mr Dixon was just interested in repairing or fixing computers and nothing else.
In the beginning we only had public liability insurance rather than full insurance but I insisted on
getting full insurance at any cost to protect the business in case anything happens because the
business was booming, we had plenty of inventory and employee as well. Few weeks’ later
burglary took place at our shop and we faced huge loss in excess of $50,000 but thankfully it was
recovered due to full insurance coverage of the business.
During these six years Mr Dixon hardly approve one or two of my decisions and always
disagreed or argued, which made me feel less valued, humiliated, and sometimes he did this in-
front of our staff which shatters my self-respect and confidence and he always undermines my
ability to perform tasks.
In the beginning Mr Dixon was shy and hesitant to admit his relationship with me in front of his
Parents as his Parents were quite religious and members of the Church, but soon they find out
from Mr Dixon’s sister (Jessica) about their son’s homosexuality on which Mr Dixon’s relationship
with his sister deteriorated and they stopped visiting and meeting each other from there on. Mr
Dixon has always made me feel responsible for his broken relationship with his sister and
Parents, though his parents are deceased now. Although at that time we started living with each
other at the residence where he lived with his parents.
Key issues from our perspective which have prevented settlement of the dispute
Firstly, after putting long hours in the morning and nights, extreme hard work and putting blood
and sweat to grow this business from $20,000 in first year to $750,000 in six years, I demand
that there shall be complete financial valuation to be done of “Compute your world” including all
the fixed and current assets, goodwill, value of stocks or inventory, cash in the bank and all the
assets should be split in half.
Secondly, the restraining order in terms of Intervention order is totally based on lies and frivolous
and concocted statements. I urge him to please withdraw his “intervention order” and to please
drop these fabricated allegations of domestic violence and abuse against me. Because of these
claims my reputation in friends and society is at stake and I am losing my self-worth.
Thirdly, please refrain from making any derogatory and false remarks and post comments about
me on Face book and our friend circle. Because of these claims based on falsehood my
reputation is getting worse in the society and people doubt on my personal character. These
mental tortures and psychological and emotional abuse is affecting on my health adversely.
Till the final settlement of the financial issues including division of business and assets I should
be granted permission to stay at 16 Barnabas Crescent Christie Downs SA 5164. I have no
family here in Adelaide, I am unable to return to my parent’s house as my sister’s family and
parents live under the same roof. Any friends I had, Mr Dixon either alienated during the
relationship or malicious lied too after the break up. I have been staying at one or two friend’s
places, couch surfing or living in my car. I believe I would have a greater need to stay in the
property considering Mr Dixon has stable income and his parent’s house as well to stay in. I am
still currently homeless and on a Category 1 housing South Australia list which may take 1 to 2
years to secure housing.
The offers have been made till now
I submitted a letter of offer prior to mediation based on the combined assets, approximate value
to which I sought professional verbal advice from real estate agents, and based on the business
evaluation after Earnings before Income Tax (EBITD) and current assets, cash in the business
accounts. The combine valuation at the time was approximately $2M deducting expenses of
approximately $900,000 comes at the figure of $1.1Million.
My initial offer for settlement was around $300,000-$400,000. However this offer was denied by
Mr Dixon.
All my income was declared legally via Centre link. I contributed over 30 hrs per week during the
entire relationship either in store, at home, or on-site with clients. That would have equated to
over $331,968 + super - Tax in lost wages. This contribution was quiet significant, when I broke
up with him I resigned from the Business as well. I am unemployed now.
However, there is no offer of any kind have been received from Mr Dixon to settle the financial
dispute yet.
What are your estimated costs up to and including the mediation?
Till date I have spent $9000 in legal fees.
Who is participating on your side of the dispute?
The lawyer representing the case will be Caldicott Lawyers.

50/50 split would be the best outcome for all parties be removed as I will not continue to live in
fear that this can be used against me as revenge if we do happen to cross path

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Mediation Statement

Background & Facts

The offers have been made till now

What are your estimated costs up to and including the mediation?

Till date I have spent $9000 in legal fees.

Who is participating on your side of the dispute?

The lawyer representing the case will be Caldicott Lawyers.

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