Hurford & Hurford

Case

[2016] FamCA 328

2 May 2016


Details
AGLC Case Decision Date
Hurford & Hurford [2016] FamCA 328 [2016] FamCA 328 2 May 2016

CaseChat Overview and Summary

This matter concerned proceedings between a husband and wife, heard by Watts J. The dispute involved the division of assets and liabilities, with particular focus on the husband's dealings with companies and trusts listed in Schedule 1 of prior consent orders. The court was required to make orders concerning the husband's financial transactions, the variation of existing orders, and the financing and conduct of property valuations.

The legal issues before the court included the extent to which the husband should be restrained from entering into transactions that could create liabilities for him or associated entities, and how such transactions should be disclosed to the wife. The court also considered the practical arrangements for obtaining valuations of various properties, including the financing of these valuations and the provision of necessary documentation to experts. Furthermore, the court addressed the procedure for handling objections to subpoenas and the disclosure of expert reports.

Watts J made several orders aimed at managing the proceedings and ensuring transparency. The court varied an existing order to provide the wife with greater protection against unilateral actions by the husband concerning the companies and trusts, requiring his consent or restraining him from certain actions. Significant orders were made regarding the husband's disclosure of significant financial transactions and the payment of the wife's legal costs, including a mechanism for interim cost payments from funds received by the husband's solicitors. The court also set timelines for obtaining quotes for property valuations, for the husband to propose a financing method for these valuations, and for the provision of a redacted expert report. The hearing of an objection to a subpoena was adjourned and relisted.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Injunction

  • Procedural Fairness

  • Remedies

  • Standing

  • Statutory Construction

Actions
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Cases Citing This Decision

7

Raman and Raman [2018] FamCA 871
Quayle & Perceval [2018] FamCA 664
Cases Cited

0

Statutory Material Cited

1