different types of injunctions under the family law act
An injunction under the Family Law Act 1975 (FLA) is an immediate remedy for persons who feel that their rights are being violated or their safety and that of their children are being compromised. There are different types of injunctions that can be found in the provisions of the FLA.
Thus, it is important for the applicant to identify what type of behaviour or conduct he wants restrained. Another important consideration is the urgency of the matter.
Courts will not issue an injunction if there is no need for immediate action. Hence, the applicant must allege in his application the need to address the situation immediately.
Under Section 68B of the FLA, an injunction may be instituted in a family court for protection concerning a child. An injunction under Section 68B is actually for the welfare of the child as it seeks to protect not only the child but the relevant persons in the child’s life. This type of injunction may be issued as an interim order pending the main case.
An injunction under Section 114 of the FLA is issued to a spouse or de facto partner. The injunction may be issued for the personal protection of the applicant, to prevent the other party from entering or remaining in the matrimonial home, or prevent the other party from entering the place of work of the applicant.
The purposes of an injunction under Section 114 are quite broad. An applicant can even apply for an injunction to protect the marital relationship or to be relieved of his conjugal duties. Those who are thinking of excluding the other party from the use and occupation of the matrimonial home will find the solution to their problem under Section 114.
An injunction can also be applied to restrain the actions of third persons. Under Section 90AF of the FLA, a court can issue an injunction that is binding on a third party. A third party may be restrained from repossessing the property of a spouse. An injunction under Section 90AF can also restrain a third person from initiating legal proceedings against the spouse of the applicant. However, what an applicant must remember is that the injunction sought under Section 90AF must be in relation to Section 114.
Disclaimer : This article provides basic information only and is not a substitute for a professional or legal advice. It is prudent to obtain legal advice from a family lawyer.