Holbert and Holbert

Case

[2018] FamCA 410

6 June 2018


Details
AGLC Case Decision Date
Holbert and Holbert [2018] FamCA 410 [2018] FamCA 410 6 June 2018

CaseChat Overview and Summary

In *Holbert and Holbert*, the husband sought interim orders against the wife concerning data files obtained from a computer hard drive. The dispute centred on the wife's possession and potential use of this information, which had been provided to a third-party company, B Pty Ltd. The matter came before Cronin J.

The primary legal issues before the Court were whether the wife should be compelled to return the data files to the husband and whether she should be restrained from using such material. The Court was also required to consider the husband's broader application for interim orders.

Cronin J ordered that the wife must forthwith return all data files obtained from the computer hard drive to the husband, including instructing B Pty Ltd to destroy any such material held by them. Furthermore, the wife was restrained by injunction from using any of the material without leave of the Court. The Court also dismissed a specific part of the husband's application for interim orders. The determination of costs was to be made by written submissions.
Details

Areas of Law

  • Family Law

  • Equity & Trusts

Legal Concepts

  • Injunction

  • Costs

  • Remedies

  • Procedural Fairness

Actions
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Cases Citing This Decision

1

Holbert and Holbert (No 2) [2018] FamCA 723
Cases Cited

3

Statutory Material Cited

2

McMillan & McMillan [2000] FamCA 1046