Hewitson and Tierney
Case
•
[2019] FamCA 720
•20 June 2019
Details
AGLC
Case
Decision Date
Hewitson and Tierney [2019] FamCA 720
[2019] FamCA 720
20 June 2019
CaseChat Overview and Summary
In the matter of *Hewitson and Tierney*, Henderson J considered an application by the wife for a stay of certain orders made on 17 January 2019, and also sought to injunct the husband from dealing with a specific property. The dispute concerned the division of property and the enforcement of prior court orders.
The primary legal issues before the court were whether to grant a stay of some of the previous orders, and whether to impose an injunction on the wife regarding a particular property. The court also had to determine the conditions under which certain orders concerning the husband's employment and company shares would become operative or remain stayed.
Henderson J dismissed the wife's application for a stay of all the orders made on 17 January 2019. However, the court granted a partial stay of specific orders relating to the sale of the husband's company shares, pending further order. The wife was injuncted from dealing with the property at C Street, Suburb B, without providing the husband with 42 days' notice. The court also made provision for the operative effect of certain orders concerning the husband's shares and employment, including notice requirements, should specific events occur.
The primary legal issues before the court were whether to grant a stay of some of the previous orders, and whether to impose an injunction on the wife regarding a particular property. The court also had to determine the conditions under which certain orders concerning the husband's employment and company shares would become operative or remain stayed.
Henderson J dismissed the wife's application for a stay of all the orders made on 17 January 2019. However, the court granted a partial stay of specific orders relating to the sale of the husband's company shares, pending further order. The wife was injuncted from dealing with the property at C Street, Suburb B, without providing the husband with 42 days' notice. The court also made provision for the operative effect of certain orders concerning the husband's shares and employment, including notice requirements, should specific events occur.
Details
Key Legal Topics
Areas of Law
-
Family Law
-
Civil Procedure
Legal Concepts
-
Stay of Proceedings
-
Injunction
Actions
Download as PDF
Download as Word Document
Citations
Hewitson and Tierney [2019] FamCA 720
Most Recent Citation
Massalski & Riley [2022] FedCFamC1F 36
Cases Cited
0
Statutory Material Cited
1