Carlson and Carlson (No. 2)
Case
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[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.
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
Key Legal Topics
Areas of Law
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Civil Procedure
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Family Law
Legal Concepts
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Injunction
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Appeal
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Stay of Proceedings
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Remedies
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