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COMMONWEALTHAct
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s 102NJ

Power to make determinations, findings and orders at any stage of proceedings

In force
Volume 2s 90AA-Endnotes
Part XIProcedure and evidence
Division 4Principles for conducting child‑related proceedings and property or other proceedings
Subdivision CDuties and powers related to giving effect to the principles

102NJ Power to make determinations, findings and orders at any stage of proceedings

(1)

If, at any time after the commencement of child‑related proceedings or property or other non‑child‑related proceedings and before making final orders, the court considers that it may assist in the determination of the dispute between the parties, the court may do any or all of the following:

(a)

make a finding of fact in relation to the proceedings;

(b)

determine a matter arising out of the proceedings;

(c)

make an order in relation to an issue arising out of the proceedings.

Note:

For example, the court may choose to use this power if the court considers that making a finding of fact at a particular point in the proceedings will help to focus the proceedings.

(2)

Subsection (1) does not prevent the court doing something mentioned in paragraph (1)(a), (b) or (c) at the same time as making final orders.

(3)

To avoid doubt, a person who exercises a power under subsection (1) in relation to proceedings is not, merely because of having exercised the power, required to be disqualified from a further hearing of the proceedings.

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Section 102NJ — Power to make determinations, findings and orders at any stage of proceedings — Family Law Act 1975 (Commonwealth) — Barrister AI