FIRTH & FIRTH

Case

[2020] FamCA 637

3 August 2020


Details
AGLC Case Decision Date
FIRTH & FIRTH [2020] FamCA 637 [2020] FamCA 637 3 August 2020

CaseChat Overview and Summary

In the matter of *Firth & Firth*, Foster J considered an application for interim property orders, an application for an injunction, and an application for disclosure orders. The wife sought various orders, including an injunction and specific disclosure, while the husband sought interim property orders.

The primary legal issues before the court were whether to grant interim property orders, whether to grant an injunction sought by the wife, and whether to grant disclosure orders in light of an impending final hearing and the imminent release of a single expert report.

Foster J reasoned that an interim payment of $500,000 was appropriate to be made by the husband to the wife, reserving the characterisation of this sum to the final trial. However, the court refused the wife's application for an injunction. Furthermore, due to the proximity of the final hearing and the imminent release of a single expert report, the court declined to make orders for the particular disclosure sought by the wife.

Consequently, the court ordered the husband to pay $500,000 to the wife within 14 days, with the characterisation of this sum reserved. The wife's application in a case, as amended, was otherwise dismissed, as was the husband's response. Applications for costs were to be made by written submission within one month, with responses due within a further 14 days, and judgment on costs reserved to chambers.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Costs

  • Remedies

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Cases Citing This Decision

0

Cases Cited

4

Statutory Material Cited

1

Skyworks v 32 Drummoyne Road [2017] NSWSC 343
Tsiang & Wu and Ors [2019] FamCAFC 128