Cook and Cook and Ors (No 2)
Case
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[2009] FamCA 1089
•5 OCTOBER 2009
Details
AGLC
Case
Decision Date
Cook and Cook and Ors (No 2) [2009] FamCA 1089
[2009] FamCA 1089
5 OCTOBER 2009
CaseChat Overview and Summary
In the matter of *Cook and Cook and Ors (No 2)*, Young J of the Family Court of Australia was required to determine applications made by the wife in proceedings involving her and the husband. The proceedings concerned financial matters, including superannuation funds and corporate entities.
The primary legal issues before the court were the wife's applications for specific orders, including interim restraints on the husband's dealings with superannuation funds and access to documents held by the husband concerning corporate entities and a property development project. The court also considered the need for further applications and supporting evidence from both parties, as well as the involvement of appointed Receiver Managers and Liquidators.
Young J made several orders, including adjourning extant applications on a part-heard basis. The husband was restrained from dealing with or withdrawing funds from specified superannuation funds, save for existing arrangements. The wife was directed to file and serve any further applications detailing specific orders sought, supported by affidavit evidence, within fourteen days, with the husband to respond within a further ten days. Directions were also given regarding notice to the Receiver Managers and Liquidators, and the husband was ordered to provide the wife's solicitors with access to all correspondence between himself and the Liquidator and Receiver Manager concerning a specific corporate entity and its property development project. Liberty was reserved for further applications by the parties or the appointed officers, and the issue of costs was reserved for the adjourned hearing.
The primary legal issues before the court were the wife's applications for specific orders, including interim restraints on the husband's dealings with superannuation funds and access to documents held by the husband concerning corporate entities and a property development project. The court also considered the need for further applications and supporting evidence from both parties, as well as the involvement of appointed Receiver Managers and Liquidators.
Young J made several orders, including adjourning extant applications on a part-heard basis. The husband was restrained from dealing with or withdrawing funds from specified superannuation funds, save for existing arrangements. The wife was directed to file and serve any further applications detailing specific orders sought, supported by affidavit evidence, within fourteen days, with the husband to respond within a further ten days. Directions were also given regarding notice to the Receiver Managers and Liquidators, and the husband was ordered to provide the wife's solicitors with access to all correspondence between himself and the Liquidator and Receiver Manager concerning a specific corporate entity and its property development project. Liberty was reserved for further applications by the parties or the appointed officers, and the issue of costs was reserved for the adjourned hearing.
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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Injunction
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Costs
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Discovery
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Jurisdiction
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Procedural Fairness
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