Hansell and Hansell
Case
•
[2009] FamCA 938
•30 September 2009
Details
AGLC
Case
Decision Date
Hansell and Hansell [2009] FamCA 938
[2009] FamCA 938
30 September 2009
CaseChat Overview and Summary
This matter concerned an application by the wife for urgent spousal maintenance and injunctive relief against the husband. The proceedings were before Johnston JR in the Family Court of Australia.
The court was required to determine whether to grant urgent spousal maintenance to the wife pursuant to section 77 of the *Family Law Act 1975* (Cth). Additionally, the court had to consider whether to grant interlocutory injunctions restraining the husband from dealing with his interests in various real estate, companies, and trusts, pending the final determination of financial proceedings. The wife also sought orders for the disclosure of financial documents and information by the husband.
Johnston JR ordered the husband to pay $440 per week by way of urgent spousal maintenance to the wife until the completion of substantive financial proceedings. The court also granted injunctions restraining the husband from selling, encumbering, transferring, or otherwise dealing with his interests in specified real estate and companies, pending further order, upon the wife providing an undertaking as to damages. Further orders were made requiring the husband to provide extensive financial disclosure, including credit card statements, profit and loss statements, balance sheets for private companies and trusts, details of accommodation benefits, an account of proceeds from the sale of E Pty Limited, and his tax return for the financial year ended 30 June 2008. The husband was also restrained from dealing with cash and assets of a specified trust, other than in the ordinary course of business or with the wife's written consent after 28 days' notice, and from taking certain actions in relation to the trust, such as making loans to beneficiaries or altering signatories or the trust deed, pending further order.
The court was required to determine whether to grant urgent spousal maintenance to the wife pursuant to section 77 of the *Family Law Act 1975* (Cth). Additionally, the court had to consider whether to grant interlocutory injunctions restraining the husband from dealing with his interests in various real estate, companies, and trusts, pending the final determination of financial proceedings. The wife also sought orders for the disclosure of financial documents and information by the husband.
Johnston JR ordered the husband to pay $440 per week by way of urgent spousal maintenance to the wife until the completion of substantive financial proceedings. The court also granted injunctions restraining the husband from selling, encumbering, transferring, or otherwise dealing with his interests in specified real estate and companies, pending further order, upon the wife providing an undertaking as to damages. Further orders were made requiring the husband to provide extensive financial disclosure, including credit card statements, profit and loss statements, balance sheets for private companies and trusts, details of accommodation benefits, an account of proceeds from the sale of E Pty Limited, and his tax return for the financial year ended 30 June 2008. The husband was also restrained from dealing with cash and assets of a specified trust, other than in the ordinary course of business or with the wife's written consent after 28 days' notice, and from taking certain actions in relation to the trust, such as making loans to beneficiaries or altering signatories or the trust deed, pending further order.
Details
Key Legal Topics
Areas of Law
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Family Law
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Equity & Trusts
Legal Concepts
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Injunction
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Remedies
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Constructive Trust
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Fiduciary Duty
Actions
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Citations
Hansell and Hansell [2009] FamCA 938
Cases Citing This Decision
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Cases Cited
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Statutory Material Cited
1