Drury and Drury
Case
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[2008] FamCA 331
•30 April 2008
Details
AGLC
Case
Decision Date
Drury and Drury [2008] FamCA 331
[2008] FamCA 331
30 April 2008
CaseChat Overview and Summary
In the matter of *Drury and Drury*, Brown J of the Family Court of Australia considered an application by the wife seeking interlocutory relief. The dispute concerned the preservation of marital assets pending final determination of property settlement proceedings. The wife sought orders restraining the husband from dealing with various properties, shares in companies, collections of gold bullion and coin, and assets of a family trust.
The primary legal issue before the court was whether the wife had established a sufficient case to warrant the imposition of injunctions preventing the husband from disposing of or encumbering significant assets. This involved assessing the risk of dissipation of assets and the wife's potential entitlement to a share of those assets. The court also considered the husband's obligations regarding financial disclosure and the procedural steps required for the progression of the property settlement proceedings.
Brown J granted the wife's application for interlocutory injunctions, restraining the husband from selling, encumbering, or otherwise dealing with a list of specified properties, shares in L Pty. Ltd. and D Pty. Ltd. (except in the ordinary course of business), gold bullion and coin collections, and the assets of the Drury Family Trust. The court also ordered the husband to file and serve a response to the wife's application, a statement of financial circumstances, and all affidavits on which he intended to rely by 23 May 2008. Further, the husband was ordered to make all necessary financial disclosure by the same date. The wife was permitted to file further affidavits by 30 May 2008. The application and any response were adjourned for hearing on 3 June 2008. The wife's costs of the day were reserved and fixed at $1,500.
The primary legal issue before the court was whether the wife had established a sufficient case to warrant the imposition of injunctions preventing the husband from disposing of or encumbering significant assets. This involved assessing the risk of dissipation of assets and the wife's potential entitlement to a share of those assets. The court also considered the husband's obligations regarding financial disclosure and the procedural steps required for the progression of the property settlement proceedings.
Brown J granted the wife's application for interlocutory injunctions, restraining the husband from selling, encumbering, or otherwise dealing with a list of specified properties, shares in L Pty. Ltd. and D Pty. Ltd. (except in the ordinary course of business), gold bullion and coin collections, and the assets of the Drury Family Trust. The court also ordered the husband to file and serve a response to the wife's application, a statement of financial circumstances, and all affidavits on which he intended to rely by 23 May 2008. Further, the husband was ordered to make all necessary financial disclosure by the same date. The wife was permitted to file further affidavits by 30 May 2008. The application and any response were adjourned for hearing on 3 June 2008. The wife's costs of the day were reserved and fixed at $1,500.
Details
Key Legal Topics
Areas of Law
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Family Law
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Equity & Trusts
Legal Concepts
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Injunction
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Costs
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Procedural Fairness
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Remedies
Actions
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Citations
Drury and Drury [2008] FamCA 331
Cases Citing This Decision
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Statutory Material Cited
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