Deerborne and Firkom and Anor
Case
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[2012] FamCA 19
•17 January 2012
Details
AGLC
Case
Decision Date
Deerborne and Firkom and Anor [2012] FamCA 19
[2012] FamCA 19
17 January 2012
CaseChat Overview and Summary
In the matter of *Deerborne and Firkom and Anor*, Cronin J of the Federal Circuit Court of Australia considered a dispute between a husband and wife, and also involved a third party, S Pty Ltd trading as S Law Firm. The core of the dispute appears to have concerned the distribution of funds, with applications made by both the wife and the husband, as well as an application by S Pty Ltd.
The court was required to determine the validity and effect of various applications concerning the disposition of funds held by the husband's solicitors. Specifically, the court had to consider the wife's application filed on 5 May 2011, the husband's response filed on 31 May 2011, and an application by S Pty Ltd filed on 16 June 2011. The central issue was how a sum of $43,403.27 and a further sum of $2000 were to be paid.
Cronin J dismissed the applications of both the wife and S Pty Ltd, save for issues of costs. The court ordered the husband to direct his solicitors to pay $43,403.27 to S Law Firm and $2000 to Ms B. Upon the husband providing these written instructions, a prior order of 24 March 2011 was discharged. The husband was also ordered to pay Ms B's costs, fixed at $2000, to be paid from the monies directed to be paid to Ms B.
The court was required to determine the validity and effect of various applications concerning the disposition of funds held by the husband's solicitors. Specifically, the court had to consider the wife's application filed on 5 May 2011, the husband's response filed on 31 May 2011, and an application by S Pty Ltd filed on 16 June 2011. The central issue was how a sum of $43,403.27 and a further sum of $2000 were to be paid.
Cronin J dismissed the applications of both the wife and S Pty Ltd, save for issues of costs. The court ordered the husband to direct his solicitors to pay $43,403.27 to S Law Firm and $2000 to Ms B. Upon the husband providing these written instructions, a prior order of 24 March 2011 was discharged. The husband was also ordered to pay Ms B's costs, fixed at $2000, to be paid from the monies directed to be paid to Ms B.
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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Remedies
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Injunction
Actions
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Cases Citing This Decision
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Cases Cited
1
Statutory Material Cited
1
Mullane v Mullane
[1983] HCA 4
Mullane v Mullane
[1983] HCA 4