S 35: former spouses/CP with no right to occupy Flashcards
1
Q
who is entitled to use S 35
A
former spouses/CP where one is entitled and the other is not
2
Q
What will the eligible applicant be able to seek
A
only eligible to seek an ouster order if an inster order has already been granted S 35(3) or (4)
3
Q
What orders can be made
A
the court may grant an order under S 35(5)
4
Q
What does S 35(7) state
A
that in deciding, in the exercise of discretion, whether or not to make a 35(5) provision, the courts must consider the factors in S 35(6)
5
Q
Which section applies the balance of harm test
A
s 35(8) applies the balance of harm test. If it is satisfied then an order must be made and the court no longer has discretion.
6
Q
How long may an order be made for
A
S 35(10) an order may be made for six months with one more six month extension period
