Breaches of Financial Court Orders are common, though not ideal in Family Law matters.
Especially for property matters where large sums of money are to be paid and transfer of property is to be arranged.
In general, financial orders require payment of a sum of money or the transfer of property/chattels.
When a party refuses or fails to pay the sum or do all necessary for the transferred property.
they default their obligations under such orders, and the other party is able to enforce the Court order.
There are essentially three (3) options when a breach of financial orders occurs, being:
- Application to Vary or Set Aside;
- Application of Enforcement; or
- Do nothing
It is up to the party that is affected by the non-obligement of the orders to decide what option they wish to take.
An Application to Vary or Set Aside would usually work if the Court orders were made on an interlocutory (interim) basis and were inefficient.
Improperly drafted, or unable to be complied with.
This application can only be made in accordance with section 79A and section 90SN of the Family Law Act 1975.
Blackwell & Scott (2017) FLC 93-775 demonstrated a successful Application to Set Aside the orders.
where the de facto husband did not make payment to the de facto wife of $130,000 for 13 months after he was required to do so by the Court orders.
An Application for Enforcement can be made if the orders were appropriately drafted and are able to be enforced.
breach of financial orders occurs
Rule 2.01 of the Family Law Rules 2021 sets out the required application to be filed with the Court.
Rules 11.01 to 11.09 set out the rules for drafting and filing an Application for Enforcement. Before any application is filed.
it is generally best to draft a letter to the other party requesting they fulfill their obligations under the orders.
Doing nothing may not sound appealing to a party who wants the money and/or property they were ordered to receive.
however, it can sometimes work in their favor.
If a party decided not to comply with interim orders.
it might be beneficial to allow the presiding judicial officer to draw the inference that the failure to comply with such orders may not have assisted their case.
This can be seen in the case of Jones v Dunkel (1959) 101 CLR 298.
It can also be more cost-effective to bring an interim application seeking compliance with the orders, especially.
If the trial is upcoming, as it can be dealt with at the final hearing.
James Noble – Accredited Family Law Specialist
James Noble is an Accredited Family Law Specialist with more than 40 years experience as a solicitor practicing in family law.
He is a member of the Family Law Practitioner’s Association, The Queensland Law Society.
The Family Law Council of Australia, Queensland Collaborative Law and the Family Law section of the Law Council of Australia, James is a Notary Public.
Establishing James Noble Family Law
James was a partner in a national law firm before establishing James Noble Family Law in 2003.
In 2017, he joined his son Charles Noble in the practice James Noble Law.
He aims to provide specialist family law and relationship law advice that emphasises amicable,
And the timely resolution of relationship difficulties through negotiation, collaboration and mediation.
James is a qualified and experienced mediator. James has also been instrumental in developing Collaborative Law in Brisbane.
He is a member of Queensland Collaborative Law which is at the forefront of developing this new approach in Family Law.
He is a member of the International Academy of Collaborative Professionals.
James was born and raised in Brisbane and studied law at the University of Queensland.
James has worked in law firms here in Brisbane and has also been involved in the wider community.
and is currently a member of Brisbane South Bank, James is a Notary Public.
James Noble Family Law
In 1975 the Family Law Act was passed. James has practised solely in the area of family law.
Became an Accredited Family Law Specialist and became a Partner heading the Family Law Section of a national law firm.
In 2003 James established his own family law practice.
He is an experienced family law litigator and has conducted many cases in the Family Court and the Superior Appeals Court.
James’ approach to family law is calming and reassuring and his wealth of experience assists clients to navigate through difficult times.
With his considerable knowledge. he aims to provide specialist family and relationship law advice that emphasises amicable.
And the timely resolution of family law matters.
Need Legal Help?
Please contact the Brisbane Family Lawyers team at James Noble Law today for a FREE.
No-obligation 20-minute consultation.
To schedule an appointment with one of our Qualified and experienced Family lawyers Brisbane.
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You may also like to learn more about:
- Was Imprisonment Fair Punishment For Breach of a Family Court Order.
- Breaching Domestic Violence Order.
- Appeal Exposes Unconscionability in BFA: Beroni & Corelli Case.
For more information, please visit our website: Breaches of Financial Court Orders