KELBY & KELBY

Case

[2016] FamCA 698

24 August 2016


Details
AGLC Case Decision Date
KELBY & KELBY [2016] FamCA 698 [2016] FamCA 698 24 August 2016

CaseChat Overview and Summary

In *Kelby & Kelby*, the wife sought interim property settlement and spousal maintenance. The husband sought to restrain the wife from dealing with certain assets and sought orders for the production of documents. The proceedings were heard by Rees J.

The court was required to determine whether to make orders for interim property settlement, whether the wife met the threshold for spousal maintenance, and whether to grant restraining orders concerning the husband's dealings with company assets and property. The court also considered the wife's application for the production of documents relating to the company.

Rees J ordered the husband to pay the wife $250,000 by way of interim property settlement within 28 days, with a provision for the sale of a specified property if payment was not made. The application for spousal maintenance was dismissed, as the court found the wife did not meet the threshold test, taking into account the interim property settlement ordered. The wife's application for restraining orders concerning the husband's dealings with company assets was dismissed due to a lack of evidentiary basis, referencing the principles in *Waugh & Waugh*. The wife's application for the production of company documents was also dismissed, as the husband had already provided the company records for inspection. The court also made an order requiring the husband to provide the wife with 14 days' written notice if he proposed to dispose of, encumber, or deal with his interest in another specified property.
Details

Areas of Law

  • Family Law

  • Equity & Trusts

Legal Concepts

  • Remedies

  • Injunction

  • Costs

  • Procedural Fairness

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Cases Citing This Decision

1

Bloxham & Bloxham [2018] FamCA 1070
Cases Cited

0

Statutory Material Cited

1