LINDLEY & LINDLEY

Case

[2017] FamCA 1092

8 December 2017


Details
AGLC Case Decision Date
LINDLEY & LINDLEY [2017] FamCA 1092 [2017] FamCA 1092 8 December 2017

CaseChat Overview and Summary

In *Lindley & Lindley*, the wife sought various orders from the court, including injunctions to restrain the husband from dealing with corporate assets and an order for costs. The husband failed to appear at the hearing, although his counsel was present and unable to explain his absence.

The court was required to determine whether to grant injunctions restraining the husband from withdrawing funds from a group of named companies, and whether to order the husband to pay the wife's costs on an indemnity basis. The court also considered the wife's applications for adjournment and the dismissal of another application.

Cronin J granted injunctions restraining the husband from drawing on or withdrawing funds from any bank account held by a specified group of companies, referred to as "the D Group". The wife was authorised to approve any cheques, payments, or transfers of monies made by the D Group. These orders were directed to be given effect by the National Australia Bank, which was granted leave to seek to set aside any order affecting it. The court also ordered that the husband pay the wife's costs fixed in the sum of $5,950. The wife's application initiating proceedings was adjourned, and another application by the wife was dismissed. The husband was to be served with the orders via email, personal service, or by leaving a copy at the D Group's premises.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Costs

  • Jurisdiction

  • Procedural Fairness

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