GANNON & GANNON (No.2)
Case
•
[2016] FCCA 1859
•20 July 2016
Details
AGLC
Case
Decision Date
GANNON & GANNON (No.2) [2016] FCCA 1859
[2016] FCCA 1859
20 July 2016
CaseChat Overview and Summary
In *Gannon & Gannon (No.2)*, Judge Scarlett considered applications for interim spousal maintenance, interim property orders, and injunctions. The dispute involved parties seeking financial relief and orders to preserve assets pending final determination of their property settlement.
The court was required to determine whether to grant interim spousal maintenance, whether to grant an injunction, and whether to make an interim property order to allow a portion of funds to be released to one party. The court also considered applications for costs and the transfer of the final property settlement proceedings.
Judge Scarlett dismissed the applications for interim spousal maintenance and injunctions. However, the court made an interim property order, requiring the parties to take steps to release $20,000 from a trustee account to the applicant as an interim property settlement, pursuant to sections 79 and 80 of the *Family Law Act 1975*. The court also ordered that if either party wished to pursue their application for costs, they must file an affidavit detailing the costs sought and their calculation basis by a specified date. The application for final orders was transferred for mention with a view to setting a final hearing date.
The court was required to determine whether to grant interim spousal maintenance, whether to grant an injunction, and whether to make an interim property order to allow a portion of funds to be released to one party. The court also considered applications for costs and the transfer of the final property settlement proceedings.
Judge Scarlett dismissed the applications for interim spousal maintenance and injunctions. However, the court made an interim property order, requiring the parties to take steps to release $20,000 from a trustee account to the applicant as an interim property settlement, pursuant to sections 79 and 80 of the *Family Law Act 1975*. The court also ordered that if either party wished to pursue their application for costs, they must file an affidavit detailing the costs sought and their calculation basis by a specified date. The application for final orders was transferred for mention with a view to setting a final hearing date.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Costs
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Injunction
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Remedies
Actions
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Citations
GANNON & GANNON (No.2) [2016] FCCA 1859
Cases Citing This Decision
0
Cases Cited
6
Statutory Material Cited
2
Gannon and Gannon
[2016] FCCA 1177
Paris King Investments Pty Ltd v Rayhill
[2006] NSWSC 578
Kasiopoulos & Garapiperis
[2012] FamCAFC 85