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Family Law

The leading authority on all aspects of family law

22 SEP 2011

The nature, scope, and use of the specific issue order [2004] CFLQ 364

A critical examination of the case-law on the specific issue order reveals some uncertainty concerning the nature and scope of the order. On several occasions, judicial encounters with the order have been characterised by (sometimes conflicting) assertions, rather than a systematic and carefully reasoned engagement with its definition. What may be required, on the part of the judiciary, is a sharpening of focus on the specific wording of statutory provisions, and a greater willingness to engage with, and clarify, concepts. 

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