FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 1)
Curtain & Curtain (No 2) [2023] FedCFamC1F 661
File number: ADC 4409 of 2013 Judgment of: KARI J Date of judgment: 11 August 2023 Catchwords: FAMILY LAW – INJUNCTIONS – Preservation of property
FAMILY LAW – COSTS – Where the wife pursues costs for interlocutory application and hearing – costs awarded
Legislation: Family Law Act 1975 (Cth) (‘the Act’),
Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth) (‘the Rules’).
Cases cited: Curtain & Curtain [2016] FamCA 577,
Curtain & Curtain [2019] FamCA 919,
Curtain & Curtain [2022] FedCFamC1A 134,
Curtain & Curtain [2022] FedCFamC1F 186,
Medlon & Medlon (No 6) (Indemnity Costs) [2015] FamCAFC 157.
Division: Division 1 First Instance Number of paragraphs: 57 Date of hearing: 20 July 2023 Place: Adelaide Counsel for the Applicant: Mr Tredrea Solicitor for the Applicant: Jordan & Fowler Family Lawyers Counsel for the Respondent: Mr McQuade Solicitor for the Respondent: C M Tucker & Associates ORDERS
ADC 4409 of 2013 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 1)
BETWEEN: MS CURTAIN
Applicant
AND: MR CURTAIN
Respondent
ORDER MADE BY:
KARI J
DATE OF ORDER:
11 AUGUST 2023
THE COURT ORDERS THAT:
1.Within 90 days, the husband do pay to the wife costs in the amount of FOUR THOUSAND THREE HUNDRED AND FIFTY FIVE DOLLARS AND THIRTY TWO CENTS ($4,355.32).
2.The Application in a Proceeding filed 15 May 2023 and the Response to an Application in a Proceeding filed 12 July 2023 be dismissed.
Note: The form of the order is subject to the entry in the Court’s records.
Note: This copy of the Court’s Reasons for judgment may be subject to review to remedy minor typographical or grammatical errors (r 10.14(b) Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 10.13 Federal Circuit and Family Court of Australia (Family Law) Rules 2021 (Cth).
Section 121 of the Family Law Act 1975 (Cth) makes it an offence, except in very limited circumstances, to publish proceedings that identify persons, associated persons, or witnesses involved in family law proceedings.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Curtain & Curtain has been approved pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
REASONS FOR JUDGMENT
KARI J
INTRODUCTION
These proceedings arise as a result of an Application in a Proceeding filed by the wife on 15 May 2023 in which she seeks certain injunctions to restrain the husband from dealing with various assets.
In his Response filed 12 July 2023 the husband opposed the making of any injunctions, however, towards the end of his Counsel’s submissions at the contested hearing on 20 July 2023, the husband agreed to the injunctive relief sought by the wife.
While orders in the terms agreed between the parties were made by agreement at the hearing on 20 July 2023,…
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- Curtain & Curtain (No 2) [2023] FedCFamC1F 661
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CaseChat Overview and Summary
The court considered the wife's application for an additional injunction and her application for costs. In granting the injunction, the court noted the wife's concerns about the husband's potential sale of the properties, which were part of the final property orders. The court found that there was a real risk of prejudice if the injunction was not granted. The court also considered the wife's application for costs, which the husband opposed. The court assessed the overall conduct of the proceedings and the wife's reasonable entitlement to costs. The court concluded that the wife was entitled to an order for costs, subject to certain adjustments.
The court granted the wife's application for an additional injunction, preventing the husband from selling the specified properties. The court also ordered the husband to pay the wife's costs associated with the proceedings, subject to adjustments for certain payments already made. The court's decision provided clarity and protection for the wife in relation to the contested properties, while also addressing the financial implications of the ongoing litigation.
Orders
Orders of the court
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Background
Background to the litigation
Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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