Cao and Trong and Anor
Case
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[2017] FamCA 245
•24 April 2017
Details
AGLC
Case
Decision Date
Cao and Trong and Anor [2017] FamCA 245
[2017] FamCA 245
24 April 2017
CaseChat Overview and Summary
In the matter of *Cao and Trong and Anor*, heard before Cronin J, the dispute concerned an application to vary an existing injunction that affected the wife's ability to sell shares in B Ltd. The parties sought to address the financial implications of the ongoing proceedings, particularly concerning the wife's access to funds for legal costs and living expenses.
The primary legal issues before the court were whether to vary the existing injunction to permit the wife to sell a specific amount of shares in B Ltd, and how the proceeds of such a sale should be allocated. The court was also required to determine the reasonableness of engaging counsel for the wife and to consider the timing of the final trial.
Cronin J reasoned that it was appropriate to vary the injunction to allow the wife to sell shares to realise $305,000 net. This sum was to be distributed in a specific manner: $237,000 to the wife's solicitors on trust for counsel's fees for a hearing on 13 April 2017, $7,000 for the solicitor's costs for the same hearing, and the remainder to be held on trust for the forthcoming final hearing. A further $68,000 was permitted for the wife's living expenses and those of the three children, in addition to child support. The court also certified that it was reasonable for the wife to engage counsel, including senior counsel, and junior counsel. All other interim applications were dismissed. The file was referred to the case management judge to consider listing the trial as soon as practicable, given the parties' assertions that the matter was ready for trial subject to discovery.
The primary legal issues before the court were whether to vary the existing injunction to permit the wife to sell a specific amount of shares in B Ltd, and how the proceeds of such a sale should be allocated. The court was also required to determine the reasonableness of engaging counsel for the wife and to consider the timing of the final trial.
Cronin J reasoned that it was appropriate to vary the injunction to allow the wife to sell shares to realise $305,000 net. This sum was to be distributed in a specific manner: $237,000 to the wife's solicitors on trust for counsel's fees for a hearing on 13 April 2017, $7,000 for the solicitor's costs for the same hearing, and the remainder to be held on trust for the forthcoming final hearing. A further $68,000 was permitted for the wife's living expenses and those of the three children, in addition to child support. The court also certified that it was reasonable for the wife to engage counsel, including senior counsel, and junior counsel. All other interim applications were dismissed. The file was referred to the case management judge to consider listing the trial as soon as practicable, given the parties' assertions that the matter was ready for trial subject to discovery.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Injunction
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Costs
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Discovery
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Remedies
Actions
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Citations
Cao and Trong and Anor [2017] FamCA 245
Cases Citing This Decision
0
Cases Cited
4
Statutory Material Cited
2
United Salvage Pty Ltd v Louis Dreyfus Armateurs SNC
[2006] FCA 116
Deputy Commissioner of Taxation v Kliman
[2002] FamCA 629
Adam P Brown Male Fashions Pty Ltd v Philip Morris Inc
[1981] HCA 39