Conti and Conti
Case
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[2011] FamCA 451
•10 June 2011
Details
AGLC
Case
Decision Date
Conti and Conti [2011] FamCA 451
[2011] FamCA 451
10 June 2011
CaseChat Overview and Summary
In the matter of *Conti and Conti*, heard before O'Reilly J, the dispute concerned interim orders sought by the husband in proceedings filed on 16 May 2011. The wife had suffered personal injuries in a motor vehicle accident on 13 June 2008.
The primary legal issue before the court was whether to make an order for the wife's personal injury proceeds to be held in trust. The court was also required to determine the disposition of the costs associated with the husband's application.
O'Reilly J ordered that any amount awarded to or agreed upon by the wife in relation to her personal injuries, after deduction of legal fees and charges, be held in the trust account of McCowan Solicitors Surfers Paradise. This order was made upon the husband giving the usual undertaking as to damages. The costs of the husband's application were reserved to the trial judge.
The primary legal issue before the court was whether to make an order for the wife's personal injury proceeds to be held in trust. The court was also required to determine the disposition of the costs associated with the husband's application.
O'Reilly J ordered that any amount awarded to or agreed upon by the wife in relation to her personal injuries, after deduction of legal fees and charges, be held in the trust account of McCowan Solicitors Surfers Paradise. This order was made upon the husband giving the usual undertaking as to damages. The costs of the husband's application were reserved to the trial judge.
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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Costs
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Injunction
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Damages
Actions
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Citations
Conti and Conti [2011] FamCA 451