Arman and Arman (No. 2)

Case

[2009] FamCA 200

29 January 2009


Details
AGLC Case Decision Date
Arman and Arman (No. 2) [2009] FamCA 200 [2009] FamCA 200 29 January 2009

CaseChat Overview and Summary

In the matter of *Arman and Arman (No. 2)*, Jordan J of the Family Court of Australia considered an application by the Wife to set aside a contract of sale and restrain the Husband from dealing with certain properties. The dispute arose from a contract entered into between the Husband as vendor and J Company Pty Ltd as purchaser, concerning properties located at B Street and T Street in Victoria. The Wife sought orders to prevent the Husband from disposing of or encumbering these properties, other than in accordance with prior orders made by Justice Cronin.

The primary legal issue before the court was whether the contract of sale entered into by the Husband with J Company Pty Ltd should be set aside pursuant to section 106B of the *Family Law Act 1975* (Cth). This section empowers the court to set aside transactions that defeat or are likely to defeat the claims of a party to proceedings under the Act. The court was also required to determine whether to grant injunctive relief to restrain the Husband from dealing with the specified properties.

Jordan J ordered that the contract of sale be set aside pursuant to section 106B of the *Family Law Act 1975*. The court further ordered that the Husband be restrained from dealing with, disposing of, or encumbering the properties at B Street and T Street, Victoria, except as permitted by the previous orders of Justice Cronin. Costs were reserved, with directions given for the parties' legal practitioners to provide written submissions on the matter of costs.
Details

Areas of Law

  • Family Law

  • Equity & Trusts

  • Civil Procedure

Legal Concepts

  • Injunction

  • Costs

  • Remedies

  • Res Judicata

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