Field and Kingston (No 2)

Case

[2017] FamCA 1071

21 December 2017


Details
AGLC Case Decision Date
Field and Kingston (No 2) [2017] FamCA 1071 [2017] FamCA 1071 21 December 2017

CaseChat Overview and Summary

In the matter of *Field and Kingston (No 2)*, Hannam J of the Family Court of Australia considered an application by the Wife seeking certain orders, and a counter-application by the Husband. The dispute concerned the disposition of property, specifically the matrimonial home located at D Street, Suburb B.

The primary legal issues before the court were whether to grant the orders sought by the Wife, which were dismissed, and whether to grant the order sought by the Husband, which was also dismissed. The court also had to determine the terms of any restraining orders concerning the matrimonial home.

Hannam J dismissed the Wife's application in its entirety. However, the court made an order restraining the Husband from selling, charging, mortgaging, encumbering, alienating, disposing of, or otherwise dealing with the property at D Street, Suburb B. This restraint was conditional upon the Wife providing 90 days' written notice to the Husband's lawyer and was granted upon the Wife's undertaking as to damages. The Husband's separate application for an order was also dismissed.
Details

Areas of Law

  • Civil Procedure

  • Family Law

  • Equity & Trusts

Legal Concepts

  • Injunction

  • Damages

  • Remedies

Actions
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Cases Citing This Decision

2

Field and Kingston (No 3) [2019] FamCA 299
Field and Kingston [2019] FamCA 14
Cases Cited

8

Statutory Material Cited

3

Field & Kingston [2017] FamCA 208
Penfold v Penfold [1980] HCA 4