Insights and inspiration
03 February 2014
In the recent Appeal decision of Norton and Locke  FamCAFC 202 concerning a de facto relationship, the Family Court examined the circumstances where interim injunctions can be issued. Central to the Court's determination was whether or not, in a de facto case where the Court had not yet decided whether the parties' relationship was a 'de facto relationship' within the meaning of the Family Law Act ("the Act"), the Court had jurisdiction to restrain the disposal of assets pending a final hearing.
In examining significant case-law on the issue of jurisdiction, the Court found that interim relief cannot be granted unless the relevant facts which give the Court jurisdiction have been established. The Court went on to confirm however that where the question of jurisdiction is at issue, the Court nonetheless does have "jurisdiction to determine whether or not it has jurisdiction". This involved deciding if the parties' relationship was a de facto relationship within the meaning of the Act.
The Court confirmed that in appropriate cases where there were "compelling circumstances", the Court has power to grant interim injunctions preserving the subject matter of the litigation until a decision about jurisdiction has been made.
Level 15, 175 Liverpool Street
Sydney NSW 2000 Australia
PO Box 21117
World Square NSW 2002 Australia
The content on this site is not intended to provide legal advice. It is general information only. You should not rely upon it as legal advice. If you would like to discuss anything of interest or concern to you, please contact us. Nothing arising from the information on this site is intended to create a legal relationship between us and any reader.
Liability limited by a scheme approved under Professional Standards Legislation.
175 Liverpool Street Parking Station, Entrance via 26 Nithsdale Street
Phone 1800 7275 464 - Closes at Midnight
Goulburn Street Parking Station, Cnr Goulburn & Elizabeth Streets
Phone 1800 727 5464 - Closes at Midnight