The A – Z of Family Law (I)

Injunctions

The Family and Federal Circuit Court both have the power to grant injunctions under s68B and s114 of the Family Law Act.

Section 68B deals with parenting issues and section 114 with property matters.

Section 68B allows the Court to make an injunctive Orders for the personal protection of a child, their parents, or a person with a parenting order regarding a child, in addition to orders restraining a person from doing a certain act or thing (such as approaching a school or place of employment).

Section 114 allows the Court to make an injunctive order:

• In relation to the property of the relationship;
• In relation to the use or occupancy of the home;
• Restraining a party from entering or remaining in the matrimonial home or other person’s residence or place of work;
• For the protection of a party.

Interim Hearings

Interim hearings are a type of court listing where the Court is asked to determine interim (i.e. short term) issues that cannot wait until a final hearing for a decision to be made.

Interim hearings in the family law jurisdiction are conducted ‘on the papers’ which means that the Judge will consider the matter based upon the documents filed in the proceedings and oral submissions, as opposed to a final hearing where oral evidence is also given.

Interim hearings usually only take a few hours up to a full day.

If you have any questions about the words we have covered in this article or would like us to explain another term please do not hesitate to contact us at Southern Waters Legal.