Discretion, Power and the 'Accrued' Jurisdiction of the Family Court.

11 Pages Posted: 4 Jun 2015

See all articles by Lee Aitken

Lee Aitken

The University of Hong Kong - Faculty of Law

Date Written: 2009

Abstract

Although it is clear that the Family Court enjoys an accrued jurisdiction, a number of doubts remain about its operation. In particular, it has been suggested that it is “discretionary”. If so, this would cut across accepted principles with respect to the exercise of the jurisdiction generally. Furthermore, the issue is of vital importance in a family law context where the myriad factual matters and parties involved in a matrimonial dispute bring the issue of accrued relief into sharp focus. Paradoxically, the question of accrued jurisdiction in the Federal Court usually involves some arid jurisdictional question, raised by a party seeking a mere tactical advantage. In the Family Court, accrued jurisdiction may frequently be a central issue as the recent cases discussed in this article indicate. The article examines the peculiar features of accrued jurisdiction in the Family Court where a number of difficult questions remain to be resolved.

JEL Classification: k00

Suggested Citation

Aitken, Lee, Discretion, Power and the 'Accrued' Jurisdiction of the Family Court. (2009). Australian Law Journal, 83 694-703.; University of Queensland TC Beirne School of Law Research Paper No. 15-42. Available at SSRN: https://ssrn.com/abstract=2611457

Lee Aitken (Contact Author)

The University of Hong Kong - Faculty of Law ( email )

Pokfulam Road
Hong Kong, Hong Kong
China

HOME PAGE: http://hub.hku.hk/rp/rp01235

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