Section 47A of the Family Law Act 1975 states that courts have judgement regarding child support and divorce orders. They make legal decisions under the Child Support (Assessment) Act 1989 or the Child Support (Registration and Collection) Act 1988.
Additionally, an appeal to dismiss an order must not be brought directly to the High Court. The Federal Circuit Court and Family court of Australia (FCCFCA) can handle appeals under divorce. This article will discuss Section 47A Family Law Act and child support and divorce orders.
Child Support Orders And Child Support Maintenance
There’s a difference between child support and child maintenance. Children under 18 receive child support, while children over the age of 18 receive child maintenance.
Family courts have a limited role to determine financial support for children and children turning 18. The FCCFA considers these two situations when applying for child maintenance orders:
- If the child requires financial support to complete their education or;
- If the child has a physical and mental disability
Courts can make child maintenance orders that require a parent to pay maintenance for children not covered by child support. Making this order doesn’t require the paying parent to maintain a relationship with the child.
Section 47A Of The Family Law Act: Divorce Orders
The court can issue divorce orders which recognise the end of a marriage. Divorce orders won’t determine issues of financial support, property distribution, or arrangements for children. Once a divorce is in effect, the court will prepare a divorce certificate. Importantly, a divorce order takes effect one month and one day after a court’s approval.
Section 47A of the Family Law Act: Dismissing And Discontinuing Orders
The dismissal of proceedings does not – subject to specific terms of an order for dismissal – prevent the plaintiff from bringing fresh proceedings.
Often, a court case may not require a complete hearing since the parties can reach an agreement to settle their disagreements. In these circumstances, you should examine whether it is appropriate to dismiss or discontinue proceedings.
Firstly, it is necessary to distinguish between ‘dismissal’ and ‘discontinuance’ of proceedings. Dismissal of proceedings is a court order that dismisses a lawsuit or application, generally by consent orders. Discontinuance, on the other hand, occurs when the party that launched the lawsuit decides not to continue with the court procedures.
Dismissing proceedings is possible if both the plaintiff and defendant agree that further action is unnecessary. If one of the parties wants to bring another claim on the same or equivalent grounds as the prior actions, they may do so.
A recent High Court case from UBS AG v Tyne [2018], concluded that a subsequent claim constituted an abuse of process. It emphasised the importance of determining a claim’s abandonment or dismissal. However, this case highlighted that it’s possible to quickly handle a claim.
Decreasing The Chances Of Dismissing An Order
Not all orders can be dismissed if it was drafted properly by a solicitor. Our family solicitors at JB Solicitors can help you draft accurate and legally binding divorce and child support/maintenance orders.
This way, there’ll be reduced chances of dismissing or discontinuing an order. We also offer fixed fees if ever you need assistance in drafting up such orders.
Contact us at JB Solicitors today
