McCloy and McCloy and Anor
Case
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[2016] FamCA 1133
•21 December 2016
Details
AGLC
Case
Decision Date
McCloy and McCloy and Anor [2016] FamCA 1133
[2016] FamCA 1133
21 December 2016
CaseChat Overview and Summary
The parties to this matter were the wife and the husband, with the court being the Federal Circuit Court of Australia. The dispute concerned an application for spouse maintenance and orders restraining the husband from withdrawing funds from a particular bank account, as well as requiring him to make payments into that account.
The court was required to determine whether to grant the application for spouse maintenance and, in relation to the financial orders, to consider the appropriate terms for restraining the husband's access to funds and for him to make monthly payments.
The court made orders for the wife to file and serve her application for spouse maintenance and supporting material by a specified date, with the husband to file and serve his response and supporting material shortly thereafter. The application was then listed for hearing. Crucially, the husband was restrained from withdrawing funds from the X Bank Line of Credit account, with an exception for payments made by AMEX into the account to be transferred as directed by the administrator. Furthermore, the husband was ordered to pay $4,250.00 per month into the Line of Credit account, commencing on or before 30 December 2016, with subsequent payments to be made every four weeks.
The court was required to determine whether to grant the application for spouse maintenance and, in relation to the financial orders, to consider the appropriate terms for restraining the husband's access to funds and for him to make monthly payments.
The court made orders for the wife to file and serve her application for spouse maintenance and supporting material by a specified date, with the husband to file and serve his response and supporting material shortly thereafter. The application was then listed for hearing. Crucially, the husband was restrained from withdrawing funds from the X Bank Line of Credit account, with an exception for payments made by AMEX into the account to be transferred as directed by the administrator. Furthermore, the husband was ordered to pay $4,250.00 per month into the Line of Credit account, commencing on or before 30 December 2016, with subsequent payments to be made every four weeks.
Details
Key Legal Topics
Areas of Law
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Family Law
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Equity & Trusts
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Civil Procedure
Legal Concepts
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Injunction
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Procedural Fairness
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Remedies
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Jurisdiction
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Costs
Actions
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