Mallard and Mallard
Case
•
[2008] FamCA 536
•9 July 2008
Details
AGLC
Case
Decision Date
Mallard and Mallard [2008] FamCA 536
[2008] FamCA 536
9 July 2008
CaseChat Overview and Summary
In *Mallard and Mallard*, Bell J of the Federal Circuit Court of Australia considered an application for interim costs and an application for an injunction. The proceedings involved a husband and wife, with the wife seeking interim costs and the husband (and potentially another party, Mr T) seeking an injunction.
The primary legal issue before the court was whether to grant the wife's application for interim costs and, if so, in what amount and on what terms. The court also had to determine whether to grant the husband's application for an injunction and whether to suspend any orders in relation to Mr T.
Bell J ordered the husband to pay the wife an amount of $140,000 by way of interim costs, to be paid upon the presentation of accounts by the wife's solicitors. The operation of this order was suspended in relation to Mr T. The court dismissed the respondent's application for an injunction and reserved the costs of both parties.
The primary legal issue before the court was whether to grant the wife's application for interim costs and, if so, in what amount and on what terms. The court also had to determine whether to grant the husband's application for an injunction and whether to suspend any orders in relation to Mr T.
Bell J ordered the husband to pay the wife an amount of $140,000 by way of interim costs, to be paid upon the presentation of accounts by the wife's solicitors. The operation of this order was suspended in relation to Mr T. The court dismissed the respondent's application for an injunction and reserved the costs of both parties.
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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Costs
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Injunction
Actions
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Citations
Mallard and Mallard [2008] FamCA 536
Most Recent Citation
Advisory Services Pty Ltd v Augustin [2017] VCC 702
Cases Citing This Decision
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[1985] HCA 67
Knight v Knight
[1971] HCA 21
Kotsis v Kotsis
[1970] HCA 61