LEGH & RINALDS
Case
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[2019] FamCA 943
•2 December 2019
Details
AGLC
Case
Decision Date
LEGH & RINALDS [2019] FamCA 943
[2019] FamCA 943
2 December 2019
CaseChat Overview and Summary
In this matter before Gill J, Ms Legh was the applicant and Ms Rinalds was the respondent. The dispute concerned an application filed by Ms Rinalds on 26 November 2019, which was subsequently dismissed. The court also made orders regarding the service of process and granted an ex parte injunction for the personal protection of Ms Rinalds against Mr C.
The court was required to determine whether to dismiss Ms Rinalds's application, the appropriate redactions for service of process upon Mr C, and whether to grant an interlocutory injunction for the personal protection of Ms Rinalds against Mr C. Additionally, the court needed to give directions regarding the service of process on Mr C and the future conduct of the proceedings.
Gill J dismissed Ms Rinalds's application. The court ordered that when serving process upon Mr C, the addresses of Ms Legh and Mr H were to be redacted. Crucially, on an ex parte basis, the court granted an injunction for the personal protection of Ms Rinalds against Mr C, prohibiting him from assaulting, harassing, intimidating, or stalking her, attending within 100 metres of her address, contacting her, or approaching within 100 metres of her, pending further listing.
The court further directed Ms Legh to take steps to serve Mr C with process and relisted the matter for further directions on 10 March 2020. The solicitors for Ms Legh were ordered to be prepared to advise the Court on the steps taken to serve Mr C and provide supporting evidence.
The court was required to determine whether to dismiss Ms Rinalds's application, the appropriate redactions for service of process upon Mr C, and whether to grant an interlocutory injunction for the personal protection of Ms Rinalds against Mr C. Additionally, the court needed to give directions regarding the service of process on Mr C and the future conduct of the proceedings.
Gill J dismissed Ms Rinalds's application. The court ordered that when serving process upon Mr C, the addresses of Ms Legh and Mr H were to be redacted. Crucially, on an ex parte basis, the court granted an injunction for the personal protection of Ms Rinalds against Mr C, prohibiting him from assaulting, harassing, intimidating, or stalking her, attending within 100 metres of her address, contacting her, or approaching within 100 metres of her, pending further listing.
The court further directed Ms Legh to take steps to serve Mr C with process and relisted the matter for further directions on 10 March 2020. The solicitors for Ms Legh were ordered to be prepared to advise the Court on the steps taken to serve Mr C and provide supporting evidence.
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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Injunction
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Procedural Fairness
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Costs
Actions
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Citations
LEGH & RINALDS [2019] FamCA 943
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