Keach and Keach & Anor (No 2)

Case

[2009] FamCA 1374

21 September 2009


Details
AGLC Case Decision Date
Keach and Keach & Anor (No 2) [2009] FamCA 1374 [2009] FamCA 1374 21 September 2009

CaseChat Overview and Summary

In the matter of *Keach and Keach & Anor (No 2)*, Strickland J of the Family Court of Australia considered applications concerning property settlement and related procedural matters. The proceedings involved the husband, the wife, and a second respondent, with the primary dispute revolving around the husband's alleged attempts to dispose of assets without the wife's consent.

The court was required to determine whether to grant injunctions restraining the husband from dealing with his shares in N Limited and monies held by Karras Partners Lawyers, as well as monies received from the sale of N Limited shares. Additionally, the court had to consider an application for an adjournment by the second respondent and applications for leave to inspect documents produced pursuant to subpoenas, to file an affidavit in reply, and to issue a further subpoena.

Strickland J granted injunctions restraining the husband from transferring, disposing of, assigning, alienating, or mortgaging his ordinary shares in N Limited without the wife's written consent or a court order. Similar injunctions were imposed regarding monies held by Karras Partners Lawyers and monies received from the sale of N Limited shares since 1 January 2009. The court dismissed the second respondent's oral application for an adjournment. Leave was granted for all parties and their legal representatives to inspect and copy documents produced pursuant to subpoenas to Esplins, J Pty Ltd and W Accountants. The husband was granted leave to file and serve his affidavit in reply, and the wife was granted leave to issue a subpoena to the Managing Partner of Elrington Boardman Allport.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Costs

  • Discovery

  • Procedural Fairness

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Most Recent Citation
Keach & Keach [2011] FamCA 192

Cases Citing This Decision

1

Keach & Keach [2011] FamCA 192
Cases Cited

1

Statutory Material Cited

1

Kennon v Spry [2008] HCA 56