Cavallio and Cavallio (No 2)

Case

[2010] FamCA 623

2 July 2010


Details
AGLC Case Decision Date
Cavallio and Cavallio (No 2) [2010] FamCA 623 [2010] FamCA 623 2 July 2010

CaseChat Overview and Summary

In *Cavallio and Cavallio (No 2)*, the wife sought interlocutory relief from the court concerning funds held in a bank account in the name of L & F Pty Ltd. The husband, who was a director of L & F Pty Ltd, was the subject of the wife's application.

The primary legal issue before the court was whether to grant an injunction restraining the husband from altering the balance of funds in the specified St George Bank account, and whether to order the wife to serve the bank with notice of the injunction. The court also considered procedural matters regarding the filing and service of amended applications and supporting affidavits.

Cronin J reasoned that an injunction was necessary to preserve the status quo of the bank account pending further determination of the wife's claims. The court ordered that the husband, his servants, and agents be restrained from altering the balance of the funds in the St George Bank account held by L & F Pty Ltd, or encouraging any other director to do so. The wife was also ordered to serve a copy of these orders on the St George Bank. Further directions were given for the wife to file any amended application relating to the bank account by a specified date, and for the service of that application and supporting documents on the husband, the bank, other directors and shareholders of L & F Pty Ltd, and the company itself. The husband was ordered to pay the wife's costs of $1500 thrown away on that day.
Details

Areas of Law

  • Family Law

  • Civil Procedure

  • Commercial Law

Legal Concepts

  • Injunction

  • Costs

  • Jurisdiction

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