Massey and Massey

Case

[2008] FamCA 6

30 January 2008


Details
AGLC Case Decision Date
Massey and Massey [2008] FamCA 6 [2008] FamCA 6 30 January 2008

CaseChat Overview and Summary

In the matter of *Massey and Massey*, heard before Young J, the dispute concerned variations to existing orders made on 30 November 2007. The primary issue was how payments intended for the wife should be directed and managed, particularly in relation to her legal costs.

The court was required to determine whether to vary the previous orders to direct payments to the wife's solicitors, Garden & Green Lawyers and Consultants, instead of directly to the wife. Furthermore, the court needed to address the mechanism for resolving potential disputes regarding the reasonable costs and disbursements incurred by the wife with her solicitors, and to establish a limit on funds to be held in trust pending such resolution.

Young J varied the previous orders to ensure that specified payments were made to Garden & Green Lawyers and Consultants on behalf of the wife. In circumstances where a dispute arose concerning the reasonable costs and disbursements of the wife's legal representation, the court ordered that a sum not exceeding $75,000.00 be deposited by Garden & Green into an interest-bearing account held jointly in the names of the wife and her solicitors, pending agreement or further court order. The court also directed that its extempore reasons for judgment be transcribed and made available to all parties, and that the wife's solicitors serve a sealed copy of the new orders upon the wife.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Remedies

  • Injunction

  • Procedural Fairness

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