Carlson and Carlson (No. 2)

Case

[2018] FamCA 622

17 August 2018


Details
AGLC Case Decision Date
Carlson and Carlson (No. 2) [2018] FamCA 622 [2018] FamCA 622 17 August 2018

CaseChat Overview and Summary

In the matter of *Carlson and Carlson (No. 2)*, Cleary J considered an application for a stay and made orders concerning property and injunctive relief. The proceedings involved Mr and Mrs Carlson, with the wife seeking to restrain the husband from approaching a specific property, and the husband seeking to appeal earlier orders.

The court was required to determine whether to grant a stay of the earlier orders, and if not, to consider variations to those orders. Specifically, the court had to decide on the appropriate terms of an injunction restraining the husband from approaching the property and to consider interim orders preventing the wife from dealing with the property pending the husband's appeal.

Cleary J refused the application for a stay, but varied the existing orders. The husband was restrained by injunction from approaching within 30 metres of the property. Furthermore, pending the determination of the husband's appeal, the wife was restrained from selling, transferring an interest in, or using the property to secure further debt by way of mortgage.
Details

Areas of Law

  • Civil Procedure

  • Family Law

Legal Concepts

  • Injunction

  • Appeal

  • Stay of Proceedings

  • Remedies

Actions
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Cases Citing This Decision

0

Cases Cited

1

Statutory Material Cited

3

Trahn & Long (No. 2) [2008] FamCAFC 194