Mary Basta
Head of Family Law
If you believe a party isn’t complying with orders or agreement, or feel you have a valid reason not to adhere to them, our team is ready to offer advice tailored to you.
Enforcement proceedings pertain to Family Court action taken by a party to ensure adherence to a Court Order; and can be complicated.
Such actions are initiated when one party perceives the other is not complying with the Order as intended, arising in various contexts, including child-related or property disputes.
Before filing any application in the Family Court, it is customary to notify the other party of the intent to commence proceedings, which provides them an opportunity to address any breach of the orders before incurring substantial costs and time in litigation.
If they continue to disregard the orders, an application can be made to the Family Court, seeking enforcement.
The Court will likely review the application, scheduling a hearing where both parties can present their perspectives.
After evaluating the evidence, the Court will decide the outcome, potentially imposing cost implications on the unsuccessful party.
If you need advice about enforcement proceedings, please contact our lawyers by calling us on 08 9488 1300 or by emailing us via info@culshawmiller.com.au.
