Martin & Martin & Ors (No. 2)
Case
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[2013] FamCA 391
•3 May 2013
Details
AGLC
Case
Decision Date
Martin & Martin & Ors (No 2) [2013] FamCA 391
[2013] FamCA 391
3 May 2013
CaseChat Overview and Summary
In the matter of *Martin & Martin & Ors (No. 2)*, heard by Cronin J, the dispute involved an application by interveners and a related application by X Firm concerning financial dealings of the husband and wife. The interveners sought an adjournment of the proceedings, while X Firm sought injunctive relief against both parties.
The court was required to determine whether to grant the interveners' application for an adjournment and whether to grant the injunctive relief sought by X Firm. Specifically, the court considered whether to restrain the husband from making further borrowings within the B Group, which included Martin Pty Ltd and C Pty Ltd, and whether to restrain the wife from encumbering or further encumbering property registered in her name.
Cronin J granted the oral application of the interveners and adjourned the matter to a specified date. The court also granted the oral application of X Firm, issuing an injunction restraining the husband from making further borrowings within the B Group, as identified by the D Report, and restraining the wife from encumbering or further encumbering any property registered in her name, until further order. Costs were reserved for all parties for that day, and it was certified that engaging counsel, including senior counsel, was reasonable.
The court was required to determine whether to grant the interveners' application for an adjournment and whether to grant the injunctive relief sought by X Firm. Specifically, the court considered whether to restrain the husband from making further borrowings within the B Group, which included Martin Pty Ltd and C Pty Ltd, and whether to restrain the wife from encumbering or further encumbering property registered in her name.
Cronin J granted the oral application of the interveners and adjourned the matter to a specified date. The court also granted the oral application of X Firm, issuing an injunction restraining the husband from making further borrowings within the B Group, as identified by the D Report, and restraining the wife from encumbering or further encumbering any property registered in her name, until further order. Costs were reserved for all parties for that day, and it was certified that engaging counsel, including senior counsel, was reasonable.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
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Family Law
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Equity & Trusts
Legal Concepts
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Injunction
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Costs
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Jurisdiction
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Procedural Fairness
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