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Obligations and responsibilities – the mosquito in the bedroom

Date:20 MAY 2024
Third slide
Stephen Wildblood KC, 3PB Barristers

Luke Nelson, 3PB Barristers

Whatever happened to ‘obligations and responsibilities’ in s 25(2) MCA 1973?  Why is it that all of the other words in the subsection have been picked over for years, whilst those three words have fallen off the radar? Does ignoring them lead to the economically weaker party being treated unfairly? Are they just verbiage? We think not. The words have a meaning that does not overlap with other factors in the subsection. They were put there by statute. The statute says that the court ‘shall have particular regard’ to the matters listed in the subsection – it is mandatory to do so. So, bugged mosquito-like by this issue, we have written this article. Answers on a postcard, please. 



The full article has published in the April issue of Family Law

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Read the full article here.