Keir & Ramsay

[2021] FamCA 217

FAMILY COURT OF AUSTRALIA

Keir & Ramsay [2021] FamCA 217

File number(s):

CRC 8 of 2020

Judgment of:

REES J

Date of judgment:

20 April 2021

Catchwords:

FAMILY LAW – INJUNCTIONS – Application restraining the respondent from further producing or distributing erotic images of the applicant – Where the applicant originally consented to the filming and publication of material – Where the applicant withdrew consent after various videos had already been published online – Orders restraining the respondent from distributing any further footage. 

FAMILY LAW – INTERIM FINANCIAL RELIEF – Where the applicant seeks orders for a $100,000 partial property settlement – Where the court found it could not be confidently predicted that any amount paid to the applicant could be adjusted in the substantive determination – Order refused – Where in the alternate, the applicant sought relief of $100,000 on account of lump sum maintenance and interim costs – Consideration of Salvage & Fosse [2020] FamCAFC 144 – Whether the applicant has any real prospect of obtaining justice without the order being made – Consideration of the respondent’s attitude to the litigation – Orders for the applicant to receive $50,000 to ‘level the playing field’ pursuant to the Family Law Act 1975 (Cth) s 117.

Legislation:

Family Law Act 1975 (Cth) ss 117, 121

Crimes Act 1900 (NSW) s 91Q

Cases cited:

Salvage & Fosse [2020] Fam CAFC 144

Number of paragraphs:

66

Date of hearing:

16 April 2021

Place:

Sydney

Counsel for the Applicant:

Mr O’Brien

Solicitor for the Applicant:

J Lawyers

Counsel for the Respondent:

Ms Spain

Solicitor for the Respondent:

K Lawyers

ORDERS

CRC 8 of 2020

BETWEEN:

MS KEIR

Applicant

AND:

MR RAMSAY

Respondent

ORDER MADE BY:	REES J
DATE OF ORDER:	20 APRIL 2021

THE COURT NOTES the undertaking as to damages given by the applicant on 16 April 2021.

THE COURT ORDERS:

1.That the respondent is restrained from producing, editing, creating, publishing, releasing, re-releasing, distributing or disseminating by any means any material in any medium, containing any video, picture, image, representation or audio of the applicant and from causing or permitting any other person to do so.

2.That the respondent is restrained from providing any link to any material containing any video, picture, image, representation or audio of the applicant to any other person.

3.That the respondent is restrained from entering or submitting any material containing images of the applicant in any competition, festival or other public event and shall do all things necessary to remove from such competition, festival or event any images that have been submitted by him or on his behalf.

4.That the respondent, within 14 days, provide to the applicant’s solicitors:

(a)A list of all entities including partnerships that the respondent has authorised or utilised to produce, edit, create and/or distribute any material that contains any video, picture, image, representation or audio of the applicant.

(b)A list of all distributors both nationally and internationally who have distributed or been engaged to distribute material that contains any picture, image, representation…