S 37: current or former spouse/CP and neither is entitled to occupy

Question 1

Who is eligible to use S 37

Answer 1

the applicant must be the current or former spouse/CP of the respondent and neither can be entitled to occupy the home

Question 2

under what section can an order be made

Answer 2

S 37(3)

Question 3

What orders can be granted

Answer 3

there is no need to seek an inster order before an ouster order may be granted

Question 4

What must the court consider is deciding whether to make an order

Answer 4

S 37(4) applies S 33(6) and 33(7) when the courts are exercising their powers

Question 5

What must be done if the balance of harms test is satisfied

Answer 5

an order must be made

Question 6

How long may an order be made for

Answer 6

S 37(5) six months with one six month extension period