Kuong and Han
Case
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[2008] FamCA 729
•11 June 2008
Details
AGLC
Case
Decision Date
Kuong and Han [2008] FamCA 729
[2008] FamCA 729
11 June 2008
CaseChat Overview and Summary
In the matter of *Kuong and Han*, Judicial Registrar Johnston considered an application to set aside previous property orders made on 18 December 2007. The dispute concerned the division of property between the parties.
The primary legal issue before the court was whether the property orders made on 18 December 2007 should be set aside pursuant to section 79A(1) of the *Family Law Act 1975*. This section allows for the setting aside of property orders in certain circumstances, such as where there has been a miscarriage of justice.
Judicial Registrar Johnston ordered that the property orders of 18 December 2007 be set aside. The court also made directions for the filing and service of amended applications and responses, and listed the final property proceedings for hearing. Furthermore, by consent, both parties were restrained from dealing with or dissipating the property known as "the Hong property" until the completion of the substantive proceedings, and were also restrained from receiving the title deeds to that property pending further order.
The primary legal issue before the court was whether the property orders made on 18 December 2007 should be set aside pursuant to section 79A(1) of the *Family Law Act 1975*. This section allows for the setting aside of property orders in certain circumstances, such as where there has been a miscarriage of justice.
Judicial Registrar Johnston ordered that the property orders of 18 December 2007 be set aside. The court also made directions for the filing and service of amended applications and responses, and listed the final property proceedings for hearing. Furthermore, by consent, both parties were restrained from dealing with or dissipating the property known as "the Hong property" until the completion of the substantive proceedings, and were also restrained from receiving the title deeds to that property pending further order.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Remedies
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Injunction
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Procedural Fairness
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Consent
Actions
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Citations
Kuong and Han [2008] FamCA 729
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