Conrad and Conrad and Anor
Case
•
[2019] FamCA 226
•15 April 2019
Details
AGLC
Case
Decision Date
Conrad and Conrad and Anor [2019] FamCA 226
[2019] FamCA 226
15 April 2019
CaseChat Overview and Summary
In *Conrad and Conrad and Anor*, the applicant wife sought to restrain the respondents from dispersing certain monies she was to receive pursuant to a judgment delivered on 1 March 2019. The dispute concerned the proper allocation of these funds pending the resolution of outstanding costs orders and applications.
The primary legal issues before the Court were whether the respondents were entitled to an interim injunction to restrain the wife from dispersing $100,000 until the assessment and payment of a costs order made on 31 May 2018, and a further $400,000 until the determination of the parties' respective costs applications arising from the proceedings concluded by the judgment of 1 March 2019.
Forrest J granted the interim injunctive relief upon the respondents providing an undertaking as to damages. The Court ordered that the wife be restrained from dispersing the specified sums. The $100,000 was to be held until the costs order of 31 May 2018 was assessed and paid, and the further $400,000 was to be held until the determination of the parties' costs applications related to the judgment of 1 March 2019. These total amounts, upon receipt by the wife, were to be held on trust by her solicitors in an interest-bearing account. The costs of these applications were reserved.
The primary legal issues before the Court were whether the respondents were entitled to an interim injunction to restrain the wife from dispersing $100,000 until the assessment and payment of a costs order made on 31 May 2018, and a further $400,000 until the determination of the parties' respective costs applications arising from the proceedings concluded by the judgment of 1 March 2019.
Forrest J granted the interim injunctive relief upon the respondents providing an undertaking as to damages. The Court ordered that the wife be restrained from dispersing the specified sums. The $100,000 was to be held until the costs order of 31 May 2018 was assessed and paid, and the further $400,000 was to be held until the determination of the parties' costs applications related to the judgment of 1 March 2019. These total amounts, upon receipt by the wife, were to be held on trust by her solicitors in an interest-bearing account. The costs of these applications were reserved.
Details
Key Legal Topics
Areas of Law
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Equity & Trusts
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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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Constructive Trust
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Remedies
Actions
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Cases Citing This Decision
0
Cases Cited
2
Statutory Material Cited
0
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