GLOVER & WEBSTER
Case
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[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.
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
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
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Equity & Trusts
Legal Concepts
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Injunction
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Costs
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Remedies
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Jurisdiction
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Procedural Fairness
Actions
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Citations
GLOVER & WEBSTER [2020] FamCA 422
Cases Citing This Decision
0
Cases Cited
7
Statutory Material Cited
2
Webster and Anor and Glover and Anor (No.2)
[2018] FCCA 3340
Esdale & Schenk
[2012] FamCA 111
Atkins & Hunt And Ors
[2018] FamCA 14