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Straightforward guidance across a range of topics
- Urgent orders
- Financial orders
Overview — Financial orders
The court has the power to grant injunctions under s 114 of the Family Law Act 1975. Generally, s 114 is only invoked to affect property interests in a temporary manner and s 79 is relied upon for a final determination of property interests. An injunction in relation to property will usually aim to achieve one of two goals:
- • use and/or occupation of property — see Exclusive occupation; or
- • non-disposal of property — see Injunctions to preserve property.
Penalties are also provided for a breach of an injunction granted under s 114.
In Western Australia, parties who are or were married can seek injunctions under the Family Law Act 1975 (Cth). Parties who were de facto can seek injunctions under the Family Court Act 1997 (WA) which has mirror provisions to the FLA.
