Hatton and Hatton

Case

[2008] FamCA 49

16 January 2008


Details
AGLC Case Decision Date
Hatton and Hatton [2008] FamCA 49 [2008] FamCA 49 16 January 2008

CaseChat Overview and Summary

In the matter of *Hatton and Hatton*, Stevenson J of the Supreme Court of Victoria made orders concerning the disposal of personal property. The dispute involved the wife's alleged actions in disposing of assets, prompting the husband to seek injunctive relief.

The court was required to determine whether to grant an interlocutory injunction restraining the wife from disposing of personalty and to order the disclosure of information regarding such property. Specifically, the court considered the nature of the property in question and the wife's control over it.

Stevenson J applied principles relating to the preservation of assets in family law proceedings. The court reasoned that it was necessary to prevent the dissipation of assets that might otherwise be subject to division. Accordingly, the court ordered that the wife be restrained from disposing of any personalty in her name, possession, or control, or to which she claimed entitlement, until a specified date. Furthermore, the wife was directed to provide the husband with a list of personalty currently held by her and a list of any personalty disposed of since a specified past date.
Details

Areas of Law

  • Family Law

  • Equity & Trusts

Legal Concepts

  • Injunction

  • Discovery

  • Remedies

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