Galvin and Galvin

Case

[2009] FamCA 16

21 January 2009


Details
AGLC Case Decision Date
Galvin and Galvin [2009] FamCA 16 [2009] FamCA 16 21 January 2009

CaseChat Overview and Summary

In *Galvin and Galvin*, Young J of the Supreme Court of Victoria considered an urgent application made ex parte by the wife. The wife sought interlocutory relief to restrain the husband, his servants, agents, and a company known as X Pty Ltd from dealing with a specific term deposit held at the National Australia Bank.

The primary legal issue before the court was whether to grant an injunction to preserve the term deposit pending further orders. This involved assessing the urgency of the matter and the potential for dissipation of assets by the husband.

His Honour granted the injunction on the basis of an undertaking given by the wife. This undertaking stipulated that if the husband suffered loss or damage as a result of the orders and the wife's conduct or default, she would pay such damages as assessed. The court also made orders for the service of documents, including a sealed copy of the injunction and supporting affidavits, upon the husband, X Pty Ltd, and the National Australia Bank. The wife's costs for the urgent appearance were fixed, but the question of payment of these and other costs was reserved. The hearing for final orders was adjourned.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Costs

  • Remedies

  • Jurisdiction

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