Ganem and Ganem and Anor

Case

[2015] FamCA 377

24 April 2015


Details
AGLC Case Decision Date
Ganem and Ganem and Anor [2015] FamCA 377 [2015] FamCA 377 24 April 2015

CaseChat Overview and Summary

In the matter of *Ganem and Ganem and Anor*, Aldridge J of the Federal Circuit Court of Australia considered an application by the Husband and a response filed by the Wife. The dispute concerned the removal of caveats lodged by interveners/receivers on two properties, the L Town property and the Suburb H property. The Husband sought to have his application dismissed, while the Wife sought orders for the removal of the caveats.

The primary legal issue before the court was whether the caveats lodged by the interveners/receivers on the L Town property and the Suburb H property should be removed. This required the court to consider the validity of the caveats and the grounds upon which they were lodged, in the context of the broader family law proceedings between the Husband and Wife.

Aldridge J dismissed the Husband's application. The court made orders, on a without admissions basis, requiring the interveners/receivers to remove the caveats lodged on both the L Town property and the Suburb H property within 14 days. Leave was granted for the Wife and the Intervener to make applications for costs, with specific timelines set for the filing and service of evidence and affidavits relating to those costs applications. The costs applications were scheduled to be heard on 2 June 2015, with all parties except the Husband excused from personal attendance.
Details

Areas of Law

  • Family Law

  • Property Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Injunction

  • Remedies

  • Appeal

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