Lord and Castor and Anor

Case

[2016] FamCA 675

17 August 2016


Details
AGLC Case Decision Date
Lord and Castor and Anor [2016] FamCA 675 [2016] FamCA 675 17 August 2016

CaseChat Overview and Summary

In the matter of *Lord and Castor and Anor*, Justice Carew of the Federal Circuit Court of Australia made orders on an *ex parte* basis concerning financial assets. The applicant, Ms Lord, sought to restrain the first respondent, Mr Castor, from dealing with specific Commsec accounts and joint loan accounts held with Company C.

The court was required to determine whether to grant interim injunctive relief to preserve the value of certain financial assets pending further proceedings. This involved considering the applicant's entitlement to such orders on an *ex parte* basis, given the potential for dissipation of assets.

Justice Carew applied Rule 14.05 of the *Family Law Rules 2004* to grant the interim orders. The reasoning centred on the need to prevent the first respondent from disposing of or encumbering the specified Commsec accounts and Company C loan accounts without the applicant's consent or a further court order. The court also directed the applicant to serve specific originating process and affidavits on the respondents and granted liberty to serve the order on Company C and Commonwealth Bank of Australia. The hearing of the interim application was adjourned to a later date, and costs were reserved.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Costs

  • Jurisdiction

  • Procedural Fairness

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