For Parliament to review the way courts are interpreting and applying section 33 of the Family Law Act 1996.

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For Parliament to review the way courts are interpreting and applying section 33 of the Family Law Act 1996.

Additional Information

The above allows a judge to remove someone from their home, even if they own it and have done nothing unreasonable or unlawful. Parliament recognized the draconian nature of this action and put in place safeguards to ensure it is not abused. Originally the Court of Appeal recognized this as “Draconian” adding “it should only be used as a last resort when all else has failed.” This it is important legislation which protects the vulnerable, but there must be stringent safe guards to prevent misuse which the courts are now ignoring. To ensure justice and fair play to all, a full review of the working of this legislation must take place as a matter of extreme urgency.

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