Victoria Spencer considers the risks of litigation misconduct in Family Court cases

Litigation misconduct can cover a range of scenarios in family law proceedings, including:

  • Delay or failure to comply with court orders;
  • Refusal to provide full and frank financial disclosure;
  • Filing unnecessary or unjustified applications; and
  • Running bad arguments that are obviously going to be unsuccessful

Importantly, it does not relate to the parties’ behaviour during the marriage.

Effects of misconduct

Bad behaviour in the Family Court often leads to delay within the already lengthy court process. It could temporarily frustrate the proceedings altogether if one party refuses to provide an address for service of an application. Additional hearings may ...

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