BOYLE & BOYLE
Case
•
[2018] FamCA 346
•21 May 2018
Details
AGLC
Case
Decision Date
BOYLE & BOYLE [2018] FamCA 346
[2018] FamCA 346
21 May 2018
CaseChat Overview and Summary
In the matter of *Boyle & Boyle*, Cronin J considered an application filed by the husband on 27 April 2018, which had been amended by proposed orders contained in minutes tendered to the court. The wife had also filed a response to the husband's proposed interlocutory orders on 3 May 2018, and an application for interim orders on 30 April 2018. The dispute concerned various proposed orders relating to the re-appointment of the husband as a director and applications under section 79 of the *Family Law Act 1975* (Cth).
The court was required to determine the disposition of the husband's amended application, the wife's response and application for interim orders, and the extant applications for final orders. Specifically, the court had to decide which of the proposed interlocutory and final orders should be dismissed, adjourned, or proceed to a further hearing.
Cronin J dismissed the majority of the husband's application, including specific paragraphs relating to his re-appointment as a director and his application under section 79 of the Act. The wife's response and application for interim orders were also dismissed. However, certain paragraphs of the husband's proposed orders concerning his re-appointment as a director and his section 79 application were adjourned to a date to be fixed, to be relisted should the husband be so advised. The extant applications for final orders sought by both the husband and the wife were adjourned for a directions hearing before Registrar Jenkins.
The court was required to determine the disposition of the husband's amended application, the wife's response and application for interim orders, and the extant applications for final orders. Specifically, the court had to decide which of the proposed interlocutory and final orders should be dismissed, adjourned, or proceed to a further hearing.
Cronin J dismissed the majority of the husband's application, including specific paragraphs relating to his re-appointment as a director and his application under section 79 of the Act. The wife's response and application for interim orders were also dismissed. However, certain paragraphs of the husband's proposed orders concerning his re-appointment as a director and his section 79 application were adjourned to a date to be fixed, to be relisted should the husband be so advised. The extant applications for final orders sought by both the husband and the wife were adjourned for a directions hearing before Registrar Jenkins.
Details
Key Legal Topics
Areas of Law
-
Family Law
-
Civil Procedure
Legal Concepts
-
Appeal
-
Jurisdiction
-
Procedural Fairness
-
Remedies
Actions
Download as PDF
Download as Word Document
Citations
BOYLE & BOYLE [2018] FamCA 346
Cases Citing This Decision
0
Cases Cited
5
Statutory Material Cited
2
Morgan v 45 Flers Avenue Pty Ltd
[1985] HCA 68
Morgan v 45 Flers Avenue Pty Ltd
[1985] HCA 68
Campbell v Backoffice Investments Pty Ltd
[2009] HCA 25