Wednesday, 22 February 2012

Government bungle means Family Court Australia didn't have jurisdiction for De Facto

Apparently, the Family Court has not had jurisdiction to hear De Facto property matters, even though legislation was passed ceding that power from the States to the Federal Courts.

http://www.theaustralian.com.au/business/legal-affairs/court-bungle-to-hit-de-factos-as-error-throws-property-settlements-into-doubt/story-e6frg97x-1226277646455

It will be interesting to see whether or not people begin to challenge decisions of the Family Court in De Facto property settlements between 2009 and 2011.  Since most Orders are made by consent, I expect most people won't want to spend more money to challenge them, but for the 10% that went to trial, maybe we will see a revisitation in the state Courts!

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