Family Law Conference 2024 (Paper)

Materials comprise:

• Paper: Without Notice Applications - Wins and Woes (Kesia Denhardt and Aroha Fletcher) (Paper)
• Paper supplement: Martin v Ryan 
• Links Resource: Effective Communication (Sally Kedge)
• PowerPoint Handout for all sessions
• Programme and speaker information

Synopsis: Without Notice Applications - Wins and woes

• A ‘back to basics’ review of jurisdictional thresholds for interlocutory/substantive applications, under different statutes, the Court’s powers and processes on a without notice application when they are (and are not) successful;
• Applicants: the duty to fully and frankly disclose all material facts;
• Certification requirements of lawyers as officers of the Court, including what does (and does not) constitute reasonable enquiries;
• Respondents: the impact (including delays in progression) and options (including applications to rescind) for those served with orders made without notice to them;
• Examination of the infamous authority on point: Martin v Ryan;
• A discussion of evidential issues more broadly and a consideration of other relevant cases.