FAMILY COURT OF AUSTRALIA
| GROHL & ACLAND | [2019] FamCA 261 |
| FAMILY LAW – PRACTICE AND PROCEDURE – INJUNCTIONS AS TO PROPERTY – Where application for injunctions and ancillary orders restraining husband from dealing with property – Where previous order made by consent that the husband give six weeks’ notice of any intention to deal with the property – Discussion of applicable principles – Where no proper basis for injunction – Where previous orders continued. |
| Family Law Act 1975 (Cth) ss 90RD, 114 |
| Martin & Martin and Ors [2013] FamCA 222 Waugh & Waugh [2000] FamCA 1183 |
| APPLICANT: | Ms Grohl |
| RESPONDENT: | Mr Acland |
| FILE NUMBER: | WOC | 692 | of | 2016 |
| DATE DELIVERED: | 26 April 2019 |
| PLACE DELIVERED: | Parramatta |
| PLACE HEARD: | Parramatta |
| JUDGMENT OF: | Foster J |
| HEARING DATE: | 15 April 2019 |
REPRESENTATION
| COUNSEL FOR THE APPLICANT: | Ms Dart |
| SOLICITOR FOR THE APPLICANT: | Sydney Family Law Specialists Pty Ltd |
| COUNSEL FOR THE RESPONDENT: | Mr Givney |
| SOLICITOR FOR THE RESPONDENT: | Apex Legal |
Orders
That, pending further order, in the event the respondent husband seeks to sell, transfer, assign, encumber or otherwise deal with or dispose of in any manner his interest in Property E in the state of New South Wales he shall provide the applicant wife with not less than six weeks’ notice in writing of such intention together with:
(a) The full details and particulars of such intended dealing;
(b) Documents to verify the intended dealing; and
(c)Such other information related to the intended dealing as is reasonably requested by the applicant.
Liberty to either party to apply on short notice as to implementation or enforcement of the above order.
That, otherwise, the Application in a Case filed 17 January 2019 be dismissed.
Note: The form of the order is subject to the entry of the order in the Court’s records.
IT IS NOTED that publication of this judgment by this Court under the pseudonym Grohl & Acland has been approved by the Chief Justice pursuant to s 121(9)(g) of the Family Law Act 1975 (Cth).
Note: This copy of the Court’s Reasons for Judgment may be subject to review to remedy minor typographical or grammatical errors (r 17.02A(b) of the Family Law Rules 2004 (Cth)), or to record a variation to the order pursuant to r 17.02 Family Law Rules 2004 (Cth).
| FAMILY COURT OF AUSTRALIA AT PARRAMATTA |
FILE NUMBER: WOC 692 of 2016
| Ms Grohl |
Applicant
And
| Mr Acland |
Respondent
REASONS FOR JUDGMENT
In the context of ongoing de facto property proceedings there arises a discrete issue for disposition.
On 17 January 2019 the de facto wife, the applicant in the primary proceedings, filed an Application in a Case seeking various injunctive and other orders relating to the de facto respondent husband’s interest in Property E, New South Wales.
In summary, the wife sought orders as follows:
a)that the respondent be restrained from selling, transferring, encumbering, assigning or, otherwise, dealing with or disposing of in any manner his interest in the subject property without first obtaining the written consent of…
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- AGLC
- GROHL & ACLAND [2019] FamCA 261
- Case
- [2019] FamCA 261
- Decision Date
CaseChat Overview and Summary
The central legal issue before the court was whether there was a proper basis to grant the injunctions sought by the wife, or whether the existing consent orders should continue. The court was required to assess the evidence presented by the wife to determine if it met the threshold for imposing further restraints on the husband's dealings with his property.
Foster J discussed the applicable principles for granting injunctions in such circumstances. His Honour found that no proper basis had been established for the wife's application for injunctions. Consequently, the court ordered that the previous consent orders regarding notice of dealings with Property E in New South Wales would continue.
The court made specific orders that, pending further order, the respondent husband must provide the applicant wife with not less than six weeks' written notice of any intention to sell, transfer, assign, encumber, or otherwise deal with his interest in Property E. This notice must include full details of the intended dealing, verifying documents, and any other reasonably requested information. Liberty was granted to either party to apply on short notice regarding the implementation or enforcement of this order. Otherwise, the wife's application filed on 17 January 2019 was dismissed.
Orders
Orders of the court
1.
That, pending further order, in the event the respondent husband seeks to sell, transfer, assign, encumber or otherwise deal with or dispose of in any manner his interest in Property E in the state of New South Wales he shall provide the applicant wife with not less than six weeks’ notice in writing of such intention together with:
(a) The full details and particulars of such intended dealing;
(b) Documents to verify the intended dealing; and
(c) Such other information related to the intended dealing as is reasonably requested by the applicant.
2.
Liberty to either party to apply on short notice as to implementation or enforcement of the above order.
3.
That, otherwise, the Application in a Case filed 17 January 2019 be dismissed.
Note: The form of the order is subject to the entry of the order in the Court’s records.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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