Malcher and Malcher and Ors

Case

[2014] FamCA 416

15 April 2014


Details
AGLC Case Decision Date
Malcher and Malcher and Ors [2014] FamCA 416 [2014] FamCA 416 15 April 2014

CaseChat Overview and Summary

The applicants, Malcher and Malcher, sought an injunction against the 2nd and 3rd respondents. The dispute concerned proceedings instituted by the 1st respondent against the 1st applicant in the Supreme Court. The application was heard by Rees J.

The primary legal issue before the court was whether to grant an interlocutory injunction restraining the 2nd and 3rd respondents from taking any further steps in the Supreme Court proceedings against the 1st respondent pending further order.

Rees J granted the injunction, ordering that the 2nd and 3rd respondents be restrained from taking any steps in the Supreme Court proceedings. The court directed that these orders be served forthwith upon the respondents' solicitors in the Supreme Court proceedings. The application was made returnable before Rees J on 17 April 2014.
Details

Areas of Law

  • Civil Procedure

  • Equity & Trusts

Legal Concepts

  • Injunction

  • Stay of Proceedings

  • Jurisdiction

  • Procedural Fairness

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