Lamb and Menotti

Case

[2018] FamCA 278

1 May 2018 (in chambers)


Details
AGLC Case Decision Date
Lamb and Menotti [2018] FamCA 278 [2018] FamCA 278 1 May 2018 (in chambers)

CaseChat Overview and Summary

In the matter of *Lamb and Menotti*, heard by Cronin J, the dispute concerned applications to vary or enforce existing property settlement orders made on 14 November 2017. The wife sought an extension of time to satisfy certain requirements of those orders and an order appointing her as trustee for the sale of a business. The husband had also filed an application, and the wife had responded to it.

The court was required to determine whether to grant the wife an extension of time to comply with the previous orders, specifically in relation to a mortgage encumbering a property. Additionally, the court had to consider the wife's application for her appointment as trustee for the sale of a business and any other variations to the earlier orders. The court also had to address the husband's application and the wife's response thereto.

Cronin J extended the time for the wife to satisfy the requirements of paragraph (8) of the 14 November 2017 orders until a date as soon as practicable after the current orders, contingent upon the discharge of the Westpac Banking Corporation mortgage over the parties' property. However, the wife's application for her appointment as trustee for the sale of the B business and any other variations to paragraphs (1)-(6) of the 14 November 2017 orders was dismissed. The husband's application filed on 22 March 2018 and the wife's response filed on 13 April 2018 were otherwise dismissed.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Costs

  • Remedies

  • Jurisdiction

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Cases Citing This Decision

1

Lamb and Menotti (No. 2) [2018] FamCA 1010
Cases Cited

0

Statutory Material Cited

1