Recovery Application

I Urgently Need to go to Court for a Family Law matter – What do I Need to Tell Them?

In most cases, it is necessary for parties to attend mediation and obtain a Section 60(I) Certificate prior to going to Family Court – although the need to attend mediation can be waived in circumstances of urgency.  If the matter is deemed sufficiently urgent, it is possible to attend court.  In cases where the matter is extremely urgent, Orders can be sought on an ex parte basis, meaning that the matter will be dealt with without the other party having the opportunity to attend Family Court, or present evidence.

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Disclosure in an Ex Parte Recovery Application

Ex parte proceedings refer to proceedings where one of the parties may not be present.  The matter of Drew & Jensen [2017] FCCA 656 concerned a recovery application made by the father of two children, aged five and nearly two.

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