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Litigation


Contact Armstrong Legal:
Sydney: (02) 9261 4555
Melbourne: (03) 9620 2777
Brisbane: (07) 3229 4448
Canberra: (02) 6288 1100

Peter-Magee

Litigation is one of the options available in resolving a dispute in relation to family law issues. Although it may be seen as aggressive and some say it should only be used as a last resort, commencing litigation can often speed up negotiations that are stalling by putting deadlines in place which can ultimately save money and disharmony.

Taking legal action may be initiated by the filing of an Initiating Application in either the Family Court of Australia, the Federal Circuit Court of Australia or another court that has conferred jurisdiction, including the Local Court of New South Wales.

Prior to commencing litigation, the applicant may be required to comply with pre-action procedures, in addition to meeting criteria to confirm the specific court has jurisdiction to hear the dispute. Subject to such conditions being met, or an exemption applying for not meeting a particular condition (if any), the jurisdiction of a Court may be exercised.

The abovementioned Courts frequently make orders regarding parenting and financial issues, in respect of litigation commenced by a parent, a person who is a significant person to a child, a child, or even a business entity. Family law issues are not always contained to married couples or de facto couples.

Upon litigation being commenced, the parties to the dispute will be required to follow the rules of the Court and procedure. Frequently, despite litigation being commenced, the parties to the proceedings may be directed to attend conciliatory court events with a view that the dispute may settle by consent. However, depending on the issues in dispute, a Judge or a Registrar may be required to consider the evidence and make an interim determination, prior to orders being made a on a final basis.



where to next?

Taking the next step and contacting a family lawyer can be scary. Our lawyers will make you feel comfortable so you can talk about your situation. But first, ask yourself, Do I really need a lawyer?

Why Choose Armstrong Legal?

Contact Armstrong Legal:
Sydney: (02) 9261 4555
Melbourne: (03) 9620 2777
Brisbane: (07) 3229 4448
Canberra: (02) 6288 1100

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