A procedural hearing is a preliminary court session where the judge reviews a case’s progress, clarifies legal issues, and determines the next steps needed before a trial. These hearings are not focused on resolving a case’s substantive issues but are designed to streamline the process, ensuring both parties are prepared for the main hearing or […]
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Single Expert Witness Family Law Rules In family law proceedings, the court may appoint a single expert witness to provide an independent, unbiased opinion on specific issues, such as child custody, financial valuations, or psychological assessments. According to the Family Law Rules, both parties must agree on appointing a single expert whose report is intended
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Friend of the Court A friend of the court, or amicus curiae, is a person or organisation invited or permitted to provide the court with expertise, insight, or information relevant to a case. While they do not represent any party in the proceedings, their contributions help clarify complex issues or highlight broader implications of a
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Calderbank Offer Family Law In family law, a Calderbank offer is a formal settlement proposal made on a “without prejudice save as to costs” basis. This means the offer cannot be disclosed to the court during proceedings, except when determining legal costs after the case concludes. Calderbank offers to encourage parties to settle disputes amicably,
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Contra Proferentem Rule Australia The contra proferentem rule in Australia is a legal principle applied in contract interpretation. It dictates that if a contractual term is ambiguous, the interpretation least favourable to the party that drafted the term will be preferred. This rule ensures fairness in situations where one party has more control over the
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What is Chose in Action? A chose in action refers to a personal right to recover property or enforce a claim against another party. Unlike physical assets, a chose in action represents an intangible legal right, enforceable through court action. Common examples include debts, intellectual property rights, and shares, where the holder possesses a legal
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What is an Enforcement Order? An enforcement order is a legal directive issued by a court to compel an individual or organisation to comply with a previously determined court order. Enforcement orders are typically issued when one party fails to meet the obligations or terms outlined in a judgment or court ruling. These orders are
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How to Prove False Allegations in Family Court Proving false allegations in family court requires a strategic approach focused on gathering evidence, maintaining accurate records, and relying on credible witnesses. False claims can complicate family court proceedings, but individuals can demonstrate the inaccuracies with the right preparation and protect their interests. By thoroughly documenting events,
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Tender Bundle in Family Court A tender bundle in family court proceedings is a carefully compiled set of documents that a party intends to present as evidence in support of their case. This bundle ensures that all relevant materials are organised and available for easy reference during hearings. Preparing a well-structured tender bundle helps streamline
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Family Court Appeal Success Rate The success rate of appeals in the family court is generally low, reflecting the complexity and strict criteria associated with overturning original court decisions. Family court appeals involve a higher standard of proof, as appellants must demonstrate that a legal error significantly impacted the original judgment. While success rates can
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