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COMPASSIONATE FAMILY LAW EXPERTS

Accrued jurisdiction

Accrued jurisdiction

Accrued jurisdiction allows a court to deal with the whole of a matter even where some elements might otherwise have extended beyond its normal or direct jurisdiction or might normally fall within the jurisdiction of another court.

The circumstances where accrued jurisdiction might apply in a family law context were set out in Warby (2001) 28 Fam LR 443 where the full court of the Family Court said:

“Relevant to whether the Family Court of Australia will invoke the court’s accrued jurisdiction in the circumstances posited in question 1 are:

  1. what the parties have done;
  2. the relationships between or among them;
  3. the laws which attach rights or liabilities to their conduct and relationships;
  4. whether the claims are part of a single justiciable controversy and in determining that question whether the claims are “attached” and not “severable” or “disparate”;
  5. whether the claims are non-severable from a matrimonial cause and arise out of a common sub-stratum of facts; and
  6. whether the court has the power to grant appropriate remedies in respect of the “attached” claims.”