Gardiner and Robbins

Case

[2017] FamCA 689

8 September 2017


Details
AGLC Case Decision Date
Gardiner and Robbins [2017] FamCA 689 [2017] FamCA 689 8 September 2017

CaseChat Overview and Summary

The matter of *Gardiner and Robbins* came before Cronin J. The dispute concerned property matters between the parties, with the court ultimately making orders by consent regarding the disposition of real property and other outstanding applications.

The court was required to determine the terms of consent orders relating to the parties' property interests, including the exclusive occupation of a specific real property for the purposes of its sale, and to make consequential orders restraining one party from approaching the property. The court also needed to address the dismissal of outstanding property applications and the reservation of costs.

Cronin J's reasoning was based on the parties' agreement, as evidenced by the minutes of proposed orders. The court applied the principle that consent orders, when properly formulated and presented, will be given effect by the court. The orders granted the husband sole and exclusive occupation of the property at B Street, Suburb C, for its sale, and thereafter restrained the wife from being within 100 metres of the property. All outstanding applications for property matters were dismissed, and costs were reserved to trial.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Consent

  • Injunction

  • Costs

  • Remedies

Actions
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Cases Citing This Decision

0

Cases Cited

3

Statutory Material Cited

1

S & S [2002] FamCA 59
Page v Page [2017] NSWCA 141
Mikele & Mikele [2008] FamCA 651