The Property (Relationships) Act 1976 Section 38 - Independent Court Inquiry
Hugh Sutherland has been appointed as an independent inquirer or investigator by the Family Court to investigate financial issues of fact under section 38 of the Property (Relationships) Act 1976.
What is a Section 38 Court Inquiry?
The Inquirer investigates financial "matters of fact in issue between the parties" and reports back to the Court. The inquirer has powers to request information from third parties so as to obtain the relevant information.
Why would the Court order an Inquiry?
The Court may order an inquiry if there are insufficient facts available upon which to make a decision, when both parties are significantly at variance as to the financial facts, or when one side is not co-operating with the provision of financial information.
Check out the relevant link to the Act - Section 38.
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