Orders have issued… what happens when it all goes wrong?10 November 2016 | Separation & Divorce
What happens when your Family Court orders don’t end up working the way you thought they would? Or if one of the parties later realises it was all a big mistake? Or if despite your best intentions, you later notice you made a calculation error when drafting? What can you do, and what must you do in all of these situations?
This paper, recently presented at the Queensland Law Society: Drafting Family Law Orders, looks at:
- when it is appropriate to consider using the ‘slip rule’?
- ethical considerations for practitioners when errors occur;
- what is an appeal, and the procedural steps needed in commencing an appeal or judicial review?
- tips and traps for running a s79A application, including in cases of fraud, duress, suppression of evidence (including failure to disclose relevant information), the giving of false evidence or any other circumstance.
Read the full paper here.