GILLARD & GILLARD

Case

[2015] FamCA 1082

10 November 2015


Details
AGLC Case Decision Date
GILLARD & GILLARD [2015] FamCA 1082 [2015] FamCA 1082 10 November 2015

CaseChat Overview and Summary

In the matter of GILLARD & GILLARD, Watts J considered applications by the wife and the husband concerning financial disclosure and asset preservation. The wife sought to restrain the husband from dealing with certain shares, while the husband sought to issue subpoenas for documents related to the wife's financial affairs, including assets within the Gillard Superannuation Fund.

The court was required to determine whether to grant an injunction restraining the wife from dealing with her shares in B Limited, whether to allow the husband to issue subpoenas for documents, and how to manage the disclosure of assets within the Gillard Superannuation Fund. The court also had to consider the wife's obligation to provide further affidavit evidence regarding these superannuation assets.

Watts J ordered that the wife be restrained from selling, encumbering, or otherwise dealing with her shares in B Limited, granting the husband leave to become a party to the proceedings for any application he wished to make concerning these shares. The objection of the Registrar to the issuance of subpoenas was dismissed, and the subpoenas were allowed to be issued, with the companies ordered to produce the requested documents within 21 days. The wife was also ordered to file a further affidavit within 21 days detailing evidence regarding assets in or removed from the Gillard Superannuation Fund. Leave was granted for the wife's solicitors to apply for further subpoenas relating to the superannuation fund, with contested subpoenas to be dealt with on a future date.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Discovery

  • Jurisdiction

  • Procedural Fairness

  • Standing

  • Appeal

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