This On Demand was recorded at the Family Law Conference on 26 September 2024.
This session will be practical in its focus and aims to include:
A ‘back to basics’ review of jurisdictional thresholds for interlocutory/substantive applications, under different statutes, the Court’s powers and processes on a without notice application when they are (and are not) successful;
Applicants: the duty to fully and frankly disclose all material facts;
Certification requirements of lawyers as officers of the Court, including what does (and does not) constitute reasonable enquiries;
Respondents: the impact (including delays in progression) and options (including applications to rescind) for those served with orders made without notice to them;
Examination of the infamous authority on point: Martin v Ryan;
A discussion of evidential issues more broadly and a consideration of other relevant cases.
