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Enforcement of Orders/Agreements

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ENFORCEMENT OF ORDERS / AGREEMENT
Full 1

Enforcement of Orders / Agreements

If your Court Order or Agreement is not being followed, you should seek legal advice on what you can do in your specific circumstances.

Often, where Court Orders or Agreements are not complied with, there can be valid reasons why. As a starting point, it is best to try and discuss the issue with your ex-partner to see if there is anyway of navigating around the issue. You may also wish to consider in engaging in mediation to have the discussion facilitated by a mediator. 

If no agreement can be reached, we suggest seeking legal advice to assist you to choose the best method available to you.

You do not require a legal practitioner to make an Enforcement Application. However, it is beneficial to seek legal advice before making an Enforcement Application to avoid making one of the many common mistakes decreases your prospects of success. 

Is this a Contravention Application?

An Enforcement Application is not the same as a Contravention Application. 

A Contravention Application enables the Court to inflict a penalty on the other party for failing to comply with a Court Order. The Court will only do this where the party applying for the Contravention Order can provide evidence that proves beyond a reasonable doubt that the other party has, without reasonable excused failed to comply with a specific Court Order. 

The burden of proving a Contravention Application is high. You should seek legal advice about the merit of a Contravention Application before filing. 

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