Grattan & Grattan & Anor (No 2)
Case
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[2014] FamCA 622
•10 July 2014
Details
AGLC
Case
Decision Date
Grattan & Grattan & Anor (No 2) [2014] FamCA 622
[2014] FamCA 622
10 July 2014
CaseChat Overview and Summary
In the matter of *Grattan & Grattan & Anor (No 2)*, heard before Cronin J, the dispute concerned orders to be made between the parties, identified as the husband and wife. The specific nature of the underlying dispute is not detailed, but the proceedings involved the wife's legal representatives and the husband's legal representatives, with the court ultimately issuing orders by consent.
The court was required to determine the terms of consent orders to be made between the parties, and to establish interim measures to preserve assets pending further proceedings. Specifically, the court needed to consider the terms of proposed orders agreed upon by the parties, and to implement a restraint on the husband's ability to deal with certain assets.
Cronin J's reasoning, as evidenced by the orders made, was to give effect to the parties' agreement. The court ordered that the minutes of proposed orders, marked as Exhibit "A", be sealed and attached to the court file, with the solicitor for the wife tasked with engrossing and delivering these minutes. Furthermore, to protect the wife's interests, the husband was restrained, until a specified return date, from selling, transferring, encumbering, disposing of, or otherwise dealing with any real property, motor vehicle, aeroplane, or business, without providing the wife seven days' prior written notice. All extant interim applications were adjourned to a later date, and all parties were granted liberty to apply on short notice.
The court was required to determine the terms of consent orders to be made between the parties, and to establish interim measures to preserve assets pending further proceedings. Specifically, the court needed to consider the terms of proposed orders agreed upon by the parties, and to implement a restraint on the husband's ability to deal with certain assets.
Cronin J's reasoning, as evidenced by the orders made, was to give effect to the parties' agreement. The court ordered that the minutes of proposed orders, marked as Exhibit "A", be sealed and attached to the court file, with the solicitor for the wife tasked with engrossing and delivering these minutes. Furthermore, to protect the wife's interests, the husband was restrained, until a specified return date, from selling, transferring, encumbering, disposing of, or otherwise dealing with any real property, motor vehicle, aeroplane, or business, without providing the wife seven days' prior written notice. All extant interim applications were adjourned to a later date, and all parties were granted liberty to apply on short notice.
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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Consent
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Injunction
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Procedural Fairness
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Remedies
Actions
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