GLOVER & WEBSTER

Case

[2020] FamCA 422

29 May 2020


Details
AGLC Case Decision Date
GLOVER & WEBSTER [2020] FamCA 422 [2020] FamCA 422 29 May 2020

CaseChat Overview and Summary

In *Glover & Webster*, heard before Baumann J, the dispute concerned applications made by the de facto wife (Applicant) against the de facto husband (Respondent) in family law proceedings. The Applicant sought, among other things, litigation funding and injunctive relief to restrain the Respondent's use of various entities. A central issue was whether the proceedings should be listed for a discrete hearing to determine if any property existed outside the scope of a binding financial agreement between the parties.

The court was required to determine the appropriate amount of interim property adjustment for litigation funding, the merits of the Applicant's application for injunctive relief, and the existence of property not covered by the parties' binding financial agreement.

Baumann J ordered the Respondent to pay the Applicant $20,000 by way of interim property adjustment, finding this sum to be more appropriate than the $225,000 sought. In making this order, the court took into account the potential detriment to the Respondent, noting he might have little prospect of recovering any costs from the Applicant. The application for injunctive relief was dismissed. The proceedings were subsequently adjourned for a case management hearing.
Details

Areas of Law

  • Family Law

  • Civil Procedure

  • Equity & Trusts

Legal Concepts

  • Injunction

  • Costs

  • Remedies

  • Jurisdiction

  • Procedural Fairness

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Cases Citing This Decision

0

Cases Cited

7

Statutory Material Cited

2

Esdale & Schenk [2012] FamCA 111
Atkins & Hunt And Ors [2018] FamCA 14