December 2022/January 2023 #219 – Law Journals

Bankruptcy: Out of bounds

Heather Souter highlights the potential implications of bankruptcy in relation to transfers of property between spouses If a successful claim is brought by a trustee in bankruptcy, the court is able to make an order restoring the position to what it would have been and/or an order to protect the interests of persons who are …

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Financial provision: If not now, then when?

Richard Adams looks at the adjournment of capital claims in financial proceedings and the need for practitioners to be alert to potentially fabricated disclosure The justification of a departure from normal practice does not necessarily need to include a real possibility of capital from a specific source becoming available in the near future, as fairness …

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Needs: Strapped for cash

Rachael Brownlee and Sky Langwieser examine the approach to financial remedy cases involving modest assets Where there are modest assets, a case is more often than not likely to fall into the category of a ‘needs case’ and while pre-acquired wealth may be a relevant factor, any argument for such assets to be excluded in …

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Private children: Desperate measures

Sehra Tabasum reviews the approach to cases involving parental alienation and the circumstances in which a transfer of residence may be ordered Although it is recognised that a transfer of residence may cause short-term emotional harm to the child, the court may conclude that this is preferable to prevent further parental alienation. The most heart-wrenching …

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Rescission: Information overload

David Wilkinson considers a case concerned with the power of the court to vary, suspend, rescind or revive an order made by it Litigants should not be permitted to have ‘two bites at the cherry’ by applying again before the same court in relation to the same matter and there is an important public policy …

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Costs: Out of the ordinary

Harry White discusses the court’s approach in domestic abuse cases to the costs arising from a contact centre in facilitating contact between the perpetrator of the abuse and the child There must be a very strong presumption against a victim of domestic abuse paying for the costs of contact and if, wholly exceptionally, the court …

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Jurisdiction: Keeping within the limits

Rebecca Viola and Arabella Ho You analyse the court’s approach where the wardship jurisdiction was found to be limited by the power of another public authority The courts may grant an injunction ex parte but there are limited circumstances in which it is appropriate to apply without notice, ie only where proper notice is impossible …

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