S 36: Cohab/Former Cohab with no right to occupy

Question 1

Who is eligible to use S 36

Answer 1

A must be a current or former cohab of R and cannot be entitled to occupy the home and the R must be so entitled

Question 2

What must the dwelling home be

Answer 2

S 36(1)(c) dwelling home that they cohabit or intended to cohabit

Question 3

What is an eligible applicant able to seek

Answer 3

an ouster order if an inster order has been granted

Question 4

In granting an inster order what must the courts consider

Answer 4

must consider the checklist factors in S 36(6). The balance of harms test has no applicability

Question 5

Which section states that an ouster can only be granted once an inster order has been granted

Answer 5

S 36(5)

Question 6

In granting an ouster order what must the courts consider

Answer 6

In deciding whether to grant an ouster the courts must consider S 36(6) factors and the balance of harm S 36(8)

Question 7

What is the relevance of the balance of harm test

Answer 7

the court will retain discretion even if the test if satisfied

Question 8

How long can an order be granted for

Answer 8

S 36(10) specified periods not exceeding six months, with one six months extension period