Meadows & Meadows (No 2)

Case

[2018] FamCA 747

16 August 2018


Details
AGLC Case Decision Date
Meadows & Meadows (No 2) [2018] FamCA 747 [2018] FamCA 747 16 August 2018

CaseChat Overview and Summary

In *Meadows & Meadows (No 2)*, Baumann J of the Family Court of Australia considered two distinct applications. The first concerned an application to vary existing interim orders concerning children, which were subject to an appeal scheduled to be heard the following day. The second application related to property, where the wife sought disclosure and an injunction restraining the husband from liquidating or winding up a company, which the husband, as sole director and shareholder, had already deregistered.

The court was required to determine whether it was in the interests of justice to proceed with the application to vary the interim children's orders given the imminent appeal. In relation to the property dispute, the court had to consider whether injunctive relief was appropriate to restrain the husband from dealing with the deregistered company, and what disclosure orders should be made.

Regarding the children's orders, Baumann J held that it was not in the interests of justice or proper to determine the application to vary the interim orders until the determination of the appeal. On the property matter, the court declined to make injunctive orders restraining the husband from dealing with the company, noting that the company had already been deregistered. However, orders for disclosure were made.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Appeal

  • Injunction

  • Discovery

  • Jurisdiction

  • Procedural Fairness

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