Norburn and Norburn

Case

[2017] FamCA 311

16 May 2017


Details
AGLC Case Decision Date
Norburn and Norburn [2017] FamCA 311 [2017] FamCA 311 16 May 2017

CaseChat Overview and Summary

In the matter of *Norburn and Norburn*, Gill J of the Supreme Court of Victoria considered applications for interim orders, including injunctive relief, between a husband and wife concerning a property located at B Street, C Town, Victoria. The dispute centred on the management and sale of this jointly owned property.

The court was required to determine the appropriate interim orders to be made regarding the C Town property, specifically addressing the parties' applications for injunctive relief and the practical steps for the property's disposition. The court also considered the husband's application for costs and the appropriate forum for further proceedings.

Gill J ordered, by consent, that both parties be restrained from causing damage to or reducing the value of the C Town property. The court further ordered that within 60 days, the parties must take all necessary steps to list the property for sale by private treaty at its market value, to be determined by agreement or by a valuer nominated by the President of the Australian Valuers’ Institute. If the property was not sold within three months or if a sale did not complete, it was to be offered for sale by public auction with a reserve price equal to the determined market value. Proceeds of sale were to be applied first to sale expenses and mortgagee payments, with the balance to be held in the mother's solicitor's trust account pending further court order. The parties' other applications for interim orders were dismissed, the husband's costs application was refused, and the proceedings were transferred to the Federal Circuit Court of Australia at the Dandenong registry for further hearing and directions.
Details

Areas of Law

  • Family Law

  • Equity & Trusts

  • Civil Procedure

Legal Concepts

  • Injunction

  • Consent

  • Remedies

  • Costs

  • Jurisdiction

  • Procedural Fairness

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

2

Statutory Material Cited

1

Welch & Abney [2016] FamCAFC 271