If you have an urgent problem requiring Court intervention to obtain relief, you will need to consult us immediately to file such an application. Common urgent applications include relocation of children, abduction of children, contravention of existing orders, disposal of matrimonial assets, waste of matrimonial assets, maintenance, costs, sole occupancy orders for the family home and matters of abuse.
An injunction under section 114 of the FLA allows the Court to injunct if matters arise “out of the matrimonial relationship”. An application must be filed and court action under way to be granted an injunction. An injunction can be granted against third parties where appropriate under section 90AF.
For example section 114 and 68B can be used to prevent the relocation of a child. When it comes to Children you must read Goode & Goode 2006 FLC.
When it comes to property there is an onus on the party making the application that:
- They have a reasonable claim
- They show a real danger exists for their claim under section 79 being derailed if an act is permitted to occur.
An Application in a Case is typically filed seeking relief from the Court for inappropriate behaviour by another party.
Under Rule 14.05 a Mareva injunction restrains a person from removing property from Australia or dealing with property in and out of Australia.
ANTON PILLAR ORDERS
These Orders are necessary when you believe the other party has failed to disclose property or documents and you believe they will destroy the evidence on their property.
INTERIM SPOUSAL MAINTENANCE
If one party cannot support themselves then the other party may be required to pay child, spousal or partner maintenance.
If your partner has all the assets in their name you may make an application to receive a lump sum to pay legal costs.