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This is the legal blog of Marc Testart, a member of the Victorian Bar.
Browsing All Posts filed under »Family Law – General«
Strahan v Strahan [2011] FamCAFC 126 – The Principles Behind Making Interim (Property) Orders in Family Law
Interim orders affecting the rights of parties in Family Law matters are common-place, but their impact can be extraordinary. If litigation drags on for 1-2 years (and often longer), the implications of the decisions of the trial judge or federal magistrate before trial are, of course, magnified. The case of Strahan (Leave to Appeal Interim […]
Warren v Child Support Registrar and Anor [2011] FamCAFC 95 – Costs, Appealable Error, and the Child Support Agency in the Family Jurisdiction
July 14, 2011
Normally, in civil jurisdictions, costs follow the event. That is, if a party is wholly successful, the other party will be liable for its costs (on a party-party basis). This is not so in the Family Law jurisdiction, as the recent Full Family Court of Australia in Warren & Child Support Registrar (‘Warren‘) illustrates. The […]
Overcoming Langford v Coleman: When can consent orders be set aside in Family Law proceedings?
May 15, 2011
If a party enters into consent orders which the party feels do not reflect the agreement of that party, can the orders be set aside? Can the party ‘get out of the orders?’ The general proposition appears to be ‘no’, unless: a) there has been miscarriage of justice under s79A of the Family Law Act […]
MyLearnedFriends 
July 17, 2011
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