Delacroix and Delacroix

Case

[2013] FamCA 1056

22 November 2013


Details
AGLC Case Decision Date
Delacroix and Delacroix [2013] FamCA 1056 [2013] FamCA 1056 22 November 2013

CaseChat Overview and Summary

In the matter of *Delacroix and Delacroix*, Aldridge J made orders concerning property and spousal maintenance between the parties. The dispute involved applications for interim orders relating to exclusive occupation of a property, spousal maintenance, and costs.

The court was required to determine the terms of interim orders concerning the exclusive occupation of a property, the quantum of spousal maintenance, and the payment of interim costs. The court also considered an undertaking by the husband regarding partnership payments and the sale of a motor vehicle for the payment of children's school fees.

Aldridge J ordered by consent that the wife have exclusive occupation of the property at B Street, Suburb B, New South Wales, and restrained the husband from entering the property without the wife's written consent. The husband was ordered to pay the wife $235 per week by way of spousal maintenance, with the first payment due within seven days. Furthermore, an interim costs order was made requiring the husband to pay $60,000 to the wife's solicitors within thirty days. In the event of default on the costs order, the husband was to sell his motor vehicle 1, with proceeds to be used to satisfy the $60,000 payment, subject to a notification requirement regarding the sale price. Leave was granted to either party to relist the matter for implementation of these orders. The wife's and husband's other applications for interim orders were dismissed. The court also noted the husband's undertaking regarding quarterly partnership payments and the intended use of proceeds from the sale of motor vehicle 2 for children's school fees.
Details

Areas of Law

  • Family Law

  • Equity & Trusts

Legal Concepts

  • Consent

  • Costs

  • Injunction

Actions
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