Ewing and Ewing

Case

[2019] FamCA 654

22 August 2019


Details
AGLC Case Decision Date
Ewing and Ewing [2019] FamCA 654 [2019] FamCA 654 22 August 2019

CaseChat Overview and Summary

In the matter of *Ewing and Ewing*, heard by Justice Loughnan, the parties sought orders concerning property and financial matters. The dispute involved an application for injunctive relief to restrain the husband from dealing with certain assets, including real estate and shares, and from disposing of funds in a specific bank account. The parties also sought to restrain each other from entering into loans or debit accounts exceeding a specified amount, except for certain defined purposes.

The court was required to determine the terms of interim injunctive relief pending further orders and the resolution of forum proceedings. Specifically, the court needed to consider the scope of the injunctions to be granted against the husband concerning his property and financial dealings, and the reciprocal undertakings as to damages to be provided by both parties. The court also needed to set a timetable for the filing of evidence and case outlines in preparation for an interim hearing on anti-suit injunctions and forum issues.

Justice Loughnan made orders by consent, without admissions and without concession on behalf of the husband as to forum. The husband was restrained by injunction from selling, transferring, encumbering, or otherwise dealing with specified properties in New South Wales and Queensland, and from selling, assigning, disposing of, alienating, or encumbering shares held in his sole name or jointly, with exceptions for the annual vesting of long-term incentives. He was also restrained from disposing of funds in his N Bank GBP account. Both parties were restrained from entering into loans or debit accounts exceeding $15,000, save for work expenses and tax liabilities, without the other's written consent or court order. Both parties were required to file an undertaking as to damages. The court also ordered monthly disclosure of transaction histories for specified bank accounts and listed the proceedings for an interim hearing on anti-suit injunctions and forum proceedings.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Consent

  • Jurisdiction

  • Procedural Fairness

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