Hillier and Hillier (No 3)

Case

[2009] FamCA 854

17 August 2009


Details
AGLC Case Decision Date
Hillier and Hillier (No 3) [2009] FamCA 854 [2009] FamCA 854 17 August 2009

CaseChat Overview and Summary

In *Hillier and Hillier (No 3)*, heard before Cronin J, the dispute concerned financial matters between a husband and wife. The specific applications before the court involved the husband's financial dealings, including his resignation from an agent contract, potential bankruptcy proceedings, and the handling of funds received from a share sale agreement.

The court was required to determine whether to grant interim injunctive relief to preserve the financial position of the parties pending final resolution. This included orders restraining the husband from resigning from his agent contract, from initiating bankruptcy proceedings, and from pursuing further share sale agreements. The court also considered the proper handling of funds received from a share sale agreement and the disclosure of relevant communications.

Cronin J made several orders aimed at preserving assets and ensuring transparency. The husband was restrained from resigning from his agent contract with Y Franchise and from initiating bankruptcy proceedings. Crucially, the husband was ordered to transfer $355,000 received from a share sale agreement into a trust account pending further order. He was also restrained from pursuing other share sale agreements and ordered to provide copies of communications with various entities to the wife's solicitors. The wife's costs of the day were reserved.
Details

Areas of Law

  • Family Law

  • Civil Procedure

  • Insolvency

Legal Concepts

  • Injunction

  • Costs

  • Restitution

  • Discovery

  • Jurisdiction

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