When the Federal Circuit and Family Court of Australia (FCFCOA) finalizes property settlement orders, subsequent magistrates court debt recovery proceedings may constitute an abuse of process. This jurisdictional conflict raises questions about the hierarchy of court orders and the enforcement of final settlements.
P v P (1994) 181 CLR 583 provides clear guidance, with Justice McHugh stating:
“If a law of a state would operate so as to interfere with or vary the legal relationship established by the order of the Family Court, whether directly or through an order of a State tribunal or authority, the State law would be inconsistent with the order and, consequently, the Act.”
This establishes that federal court orders take precedence over state and local court proceedings attempting to modify those orders.
Possible Legal Remedies
Available remedies include:
- Seeking dismissal or permanent stay in the Local Court
- Challenging on other jurisdictional grounds
- Filing abuse of process motion specifically addressing attempts to circumvent FCFCOA Orders.
Seek early and competent advice. Don’t let these things linger.