factors influencing how well the applicant is treated Flashcards
1
Q
Rank the orders which are the most favourable to the applicant
A
S 33, S 37, S 35, S 38, S 36
2
Q
Which types of A are treated the best
A
the A who are entitled to occupy by virtue of home rights, or virtue of ownership, contract or statute, are treated better than non-entitled As
3
Q
Who is treated better spouses/CP or cohabs
A
spouses/former spouses (inc CP) are treated better than cohabs (unless the cohabs are entitled to occupy)
4
Q
What happens when the A and the R are on an equal footing
A
As who are on an equal footing with, or in a better position than, the R, are treated better than non-entitled A who seeks an order against an entitled R