KILSHAW & DRUMMOND
Case
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[2018] FamCA 792
•21 September 2018
Details
AGLC
Case
Decision Date
KILSHAW & DRUMMOND [2018] FamCA 792
[2018] FamCA 792
21 September 2018
CaseChat Overview and Summary
In the matter of *Kilshaw & Drummond*, heard before Cleary J, the dispute concerned interim property orders and restraining orders within family law proceedings. The applicant mother sought sole possession of the parties' shared property and orders restraining the respondent father from removing furniture and from approaching or entering the property.
The court was required to determine whether to grant the mother's application for interim sole possession of the property and the associated restraining orders. Additionally, the court considered an oral application for an adjournment made by the father.
Cleary J dismissed the father's application for an adjournment. The court then made orders granting the mother sole possession of the property within 14 days, to the exclusion of the father. The father was also restrained from removing furniture or other items from the property and from approaching or entering the property. Access to Exhibit 2 was limited to the legal representative for the mother and the Independent Children’s Lawyer. The matter was adjourned for mention in the Magellan List.
The court was required to determine whether to grant the mother's application for interim sole possession of the property and the associated restraining orders. Additionally, the court considered an oral application for an adjournment made by the father.
Cleary J dismissed the father's application for an adjournment. The court then made orders granting the mother sole possession of the property within 14 days, to the exclusion of the father. The father was also restrained from removing furniture or other items from the property and from approaching or entering the property. Access to Exhibit 2 was limited to the legal representative for the mother and the Independent Children’s Lawyer. The matter was adjourned for mention in the Magellan List.
Details
Key Legal Topics
Areas of Law
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Family Law
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Property Law
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Civil Procedure
Legal Concepts
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Injunction
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Jurisdiction
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Procedural Fairness
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Costs
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Remedies
Actions
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Citations
KILSHAW & DRUMMOND [2018] FamCA 792
Most Recent Citation
Kilshaw and Drummond [2019] FamCA 690
Cases Cited
0
Statutory Material Cited
1