Dunstan and Dunstan

Case

[2016] FamCA 94

2 February 2016


Details
AGLC Case Decision Date
Dunstan and Dunstan [2016] FamCA 94 [2016] FamCA 94 2 February 2016

CaseChat Overview and Summary

In the matter of *Dunstan and Dunstan*, the wife sought interim orders concerning the proceeds of sale of a property held on trust by her solicitors, the sale of a military vehicle, and the restraint of the husband from dealing with a prestige motor vehicle. The wife also sought discovery of various financial documents and company records from the husband.

The court was required to determine whether to grant interim orders for the release of property sale proceeds, the sale of a specific vehicle, and the preservation of another vehicle pending final determination. Additionally, the court considered the scope of discovery to be provided by the husband in relation to his financial affairs and business interests.

Macmillan J ordered the release of the balance of proceeds from the sale of a property at B Street to the wife, to reimburse her for expenditure on the E Town property and to hold the remainder pending trial. The husband was ordered to sell a military vehicle to repay a loan secured against the E Town property. Furthermore, the husband was restrained from dealing with a prestige motor vehicle, registration number MINDER, pending further order. The wife was granted liberty to apply to relist certain interim orders if the E Town property could not be sold or if the bank threatened a mortgagee sale. The husband was also ordered to provide extensive discovery of his financial documents, including bank statements, credit card statements, company financial statements, finance applications, and documents relating to his removal as a guarantor, as well as an itemised list of his military collection. All other extant applications were adjourned.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Discovery

  • Injunction

  • Remedies

  • Costs

  • Jurisdiction

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