Brownless and Warren (No. 2)
Case
•
[2018] FamCA 257
•19 April 2018
Details
AGLC
Case
Decision Date
Brownless and Warren (No. 2) [2018] FamCA 257
[2018] FamCA 257
19 April 2018
CaseChat Overview and Summary
In *Brownless and Warren (No. 2)*, Justice Gill of the Family Court of Australia considered a dispute between the applicant, Mr Brownless, and the respondent, Ms Warren. The proceedings involved an application filed on 18 August 2015, with further orders being made on 20 April 2018. The core of the dispute appears to revolve around financial obligations and the protection of assets pending their resolution.
The court was required to determine the appropriate costs order for the proceedings, excluding those already determined by Justice Watts. Furthermore, the court needed to consider orders for the payment of a significant sum of money, the imposition of travel restrictions on the applicant, and the granting of injunctions to prevent the dissipation of assets, specifically an interest in a property located in L Town, NSW. The court also had to consider the conditions under which these injunctions would operate, including the respondent's undertaking as to damages.
Justice Gill ordered that the applicant pay the respondent's costs of the proceedings, excluding the injunction proceedings before Justice Watts, on a party-party basis. The applicant was also ordered to deposit $127,000 into a specified trust account by 4:00 pm on Monday, 23 April 2018. To ensure compliance, the applicant was restrained from leaving the Commonwealth of Australia, with the Australian Federal Police requested to place his name on the Airport Watch List. Injunctions were granted restraining the applicant from dealing with his interest in the L Town property and restraining a Mr S from paying any sale proceeds to the applicant, contingent upon the respondent providing an undertaking as to damages. These orders were to be discharged upon the applicant's compliance with the payment order. The matter was adjourned for further consideration.
The court was required to determine the appropriate costs order for the proceedings, excluding those already determined by Justice Watts. Furthermore, the court needed to consider orders for the payment of a significant sum of money, the imposition of travel restrictions on the applicant, and the granting of injunctions to prevent the dissipation of assets, specifically an interest in a property located in L Town, NSW. The court also had to consider the conditions under which these injunctions would operate, including the respondent's undertaking as to damages.
Justice Gill ordered that the applicant pay the respondent's costs of the proceedings, excluding the injunction proceedings before Justice Watts, on a party-party basis. The applicant was also ordered to deposit $127,000 into a specified trust account by 4:00 pm on Monday, 23 April 2018. To ensure compliance, the applicant was restrained from leaving the Commonwealth of Australia, with the Australian Federal Police requested to place his name on the Airport Watch List. Injunctions were granted restraining the applicant from dealing with his interest in the L Town property and restraining a Mr S from paying any sale proceeds to the applicant, contingent upon the respondent providing an undertaking as to damages. These orders were to be discharged upon the applicant's compliance with the payment order. The matter was adjourned for further consideration.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
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Family Law
Legal Concepts
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Costs
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Injunction
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Jurisdiction
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Remedies
Actions
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Most Recent Citation
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[2010] NSWADT 248
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Cases Cited
1
Statutory Material Cited
1
Oshlack v Richmond River Council
[1998] HCA 11
Oshlack v Richmond River Council
[1998] HCA 11