Malloy & Stopford Malloy
Case
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[2019] FamCA 986
•13 December 2019
Details
AGLC
Case
Decision Date
Malloy & Stopford Malloy [2019] FamCA 986
[2019] FamCA 986
13 December 2019
CaseChat Overview and Summary
The case involved applications by the Receivers, the wife, and the husband before Tree J. The primary dispute concerned the approval of the Receivers' remuneration, expenses, and legal costs, and their entitlement to an indemnity and lien over the husband's property. Other applications related to the production of financial accounts, the delivery and sale of specific personal items to satisfy maintenance arrears, and litigation funding arrangements.
The court was required to determine whether to grant leave for the Receivers to intervene, approve their remuneration and expenses, and declare their right to indemnity and a lien over the husband's property. Further issues included whether to order the production of un-redacted financial accounts by certain trusts, the disposition of a Rolex watch and wedding ring to satisfy maintenance arrears, and the terms of litigation funding to be provided by the husband to the wife.
Tree J granted the Receivers leave to intervene and approved their remuneration, expenses, and legal costs, declaring their entitlement to be indemnified from the husband's property and a lien over it. The court ordered the trustees of the Malloy Trust and FF Management Trust to produce un-redacted financial accounts to the wife's solicitors, with restricted publication. The husband was ordered to deliver up a Rolex watch and wedding ring for sale to satisfy maintenance arrears, with provisions for insurance claims if delivery failed. Significant orders were made regarding litigation funding, requiring the husband to pay monies received for his legal and expert costs to the wife's solicitors to fund her legal expenses, with specific trust and payment conditions. Many of the other applications made by the parties were dismissed.
The court was required to determine whether to grant leave for the Receivers to intervene, approve their remuneration and expenses, and declare their right to indemnity and a lien over the husband's property. Further issues included whether to order the production of un-redacted financial accounts by certain trusts, the disposition of a Rolex watch and wedding ring to satisfy maintenance arrears, and the terms of litigation funding to be provided by the husband to the wife.
Tree J granted the Receivers leave to intervene and approved their remuneration, expenses, and legal costs, declaring their entitlement to be indemnified from the husband's property and a lien over it. The court ordered the trustees of the Malloy Trust and FF Management Trust to produce un-redacted financial accounts to the wife's solicitors, with restricted publication. The husband was ordered to deliver up a Rolex watch and wedding ring for sale to satisfy maintenance arrears, with provisions for insurance claims if delivery failed. Significant orders were made regarding litigation funding, requiring the husband to pay monies received for his legal and expert costs to the wife's solicitors to fund her legal expenses, with specific trust and payment conditions. Many of the other applications made by the parties were dismissed.
Details
Key Legal Topics
Areas of Law
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Family Law
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Insolvency
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Civil Procedure
Legal Concepts
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Costs
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Remedies
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Injunction
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Jurisdiction
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Appeal
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Standing
Actions
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Most Recent Citation
Stopford Malloy & Malloy [2021] FedCFamC1F 123
Cases Citing This Decision
9
STOPFORD MALLOY & MALLOY
[2021] FamCA 234
Stopford Malloy & Malloy
[2021] FamCA 100
Malloy and Stopford Malloy (No. 4)
[2020] FamCA 995
Cases Cited
9
Statutory Material Cited
5