This article will outline other matters about third parties under orders and injunctions binding third parties (Part VIIIAA of the Family Law Act 1975). In the context of the Act, orders and injunctions are legal instruments that a court issues. These address various issues related to family law matters.
Other Matters About Third Parties: Common Family Law Orders
- Parenting Orders: These orders deal with issues regarding children’s care, welfare, and development. They outline the responsibilities and arrangements for parenting, including matters such as custody, visitation, and decision-making.
- Financial Orders: These orders pertain to property settlement, assets, debts, and financial resources between parties. These orders usually involve family law disputes, typically in the context of a divorce or separation. They may specify the distribution of property, spousal maintenance, child support, and other financial matters.
Other Matters About Third Parties: Injunction Orders
Injunctions are court orders that prohibit or mandate certain actions. Courts commonly issue these to prevent a person from doing something or to require them to perform a specific act.
- Restraining Orders: These injunctions intend to prevent a party from taking certain actions that may harm others involved in the family law matter. This may include apprehended domestic violence orders (ADVOs) to protect against physical or emotional abuse.
- Non-removal Orders: Courts may impose these injunctions to prevent a parent from relocating with a child outside a certain geographic area without the court’s permission or the other parent’s consent.
Read on to know more about different sections and provisions about other matters about third parties.
Section 90AG: Orders and Injunctions Binding on Trustees
Section 90AG of other matters about third parties refers to a legal provision that pertains to orders or injunctions. This is in the context of a trustee’s responsibilities and property. What happens if an order or injunction binds a person in their role as a trustee regarding a particular property? If this is the case, this order or injunction applies to any person who later assumes the role of trustee for the same property.
In other words, if a person becomes a trustee after the order or injunction is in effect, they are bound by that order or injunction. This provision ensures that any legal restrictions, obligations, or prohibitions imposed on a trustee in relation to a specific property continue to apply to subsequent trustees who assume the same role, ensuring consistency and adherence to the court’s orders or injunctions.
Section 90AH: Protection for a Third Party
The Section 90AH of other matters about third parties states that:
- A third party who is not directly involved in a marriage is not responsible or legally liable for any loss or damage experienced by any person. This is due to actions taken or not taken by that third party.
- This immunity from liability applies when the third party has acted in good faith and relied on an order or injunction issued by a court in accordance with the relevant section of the law.
Section 90AI: Service of Documents on a Third Party
Section 90AI of other matters about third parties pertains to the service of documents on a third party in relation to marriage. Here’s a breakdown of its meaning:
(1) If there is a requirement or permission for a document to be served on a third party concerning a particular aspect of the law, the document can be served using any of the methods allowed under the relevant Rules of Court. In other words, the document can be delivered to the third party in various ways that are considered acceptable and compliant with the court’s procedural rules.
(2) The second subsection clarifies that the provisions in subsection (1) regarding the methods of service are in addition to any other legal methods of service that may be permitted. This implies that the specified methods of service do not exclusively limit the options. Additionally, if applicable, other methods that the law allows can still be utilised.
Section 90AJ: Expenses of Third Party
Section 90AJ of other matters about third parties outline the following:
1. The court has the authority to make an order to ensure the payment of reasonable expenses incurred by the third party as a necessary result of the order or injunction. The court will determine what is fair and just in making this decision. This provision applies if:
- A court has issued an order or injunction related to a marriage; and
- A third party has incurred expenses as a direct consequence of that order or injunction
2. When considering whether to make an order in number 1, the court must take into account the principle that: “The parties to the marriage should bear the reasonable expenses of the third party equally.”
3. The regulations can establish provisions for situations where the court has not made an order under point 1:
- The third party can charge reasonable fees to cover their expenses resulting from the order or injunction.
- If the third party charges such fees, each party to the marriage is separately responsible for paying the third party an amount equal to half of those fees.
- The regulations can designate specific courts with jurisdiction over the collection or recovery of such fees.
Section 90AK: Acquisition of Property
Section 90AK of other matters about third parties conveys the following:
- The court cannot issue an order or grant an injunction under this particular part of the law if such order or injunction would:
- Result in the taking or acquisition of property from a person in a manner that is not fair or just.
- Render the order or injunction invalid due to the provisions outlined in paragraph 51(xxxi) of the Constitution.
- The section provides definitions for key terms:
- “Acquisition of property” carries the same meaning as defined in paragraph 51(xxxi) of the Constitution.
- “Just terms” also hold the same meaning as defined in paragraph 51(xxxi) of the Constitution.
JB Solicitors’ Family Lawyers
In conclusion, it is crucial to seek advice from JB Solicitors when navigating legal provisions and matters. We can offer personalised guidance tailored to your individual circumstances.
Our family lawyers have the necessary expertise to interpret the law accurately, apply it effectively, and ensure compliance with updated laws. We have mediation and arbitration services for various family law matters.
Contact us today for more information about other matters about third parties.
