Painter and Painter
Case
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[2019] FamCA 664
•18 September 2019
Details
AGLC
Case
Decision Date
Painter and Painter [2019] FamCA 664
[2019] FamCA 664
18 September 2019
CaseChat Overview and Summary
In *Painter and Painter*, Mead J of the Family Court of Australia considered applications made by both the husband and wife. The wife sought orders for costs and an injunction restraining the husband from dealing with a boat and trailer. The husband had also made extant applications, which were to be considered alongside the wife's applications.
The primary legal issues before the court were whether the wife should be awarded costs against the husband, and whether an injunction should be granted to restrain the husband from dealing with specific assets pending the resolution of costs. The court also had to determine the fate of the husband's extant applications.
Mead J ordered the husband to pay $20,000 towards the wife's costs, to be paid into a legal trust account within three months. Crucially, pending this payment, the husband was restrained by injunction from selling, transferring, encumbering, or otherwise dealing with the specified boat and trailer. Liberty was granted to the wife to apply for enforcement of these orders. All other extant applications, including those for costs, were dismissed.
The primary legal issues before the court were whether the wife should be awarded costs against the husband, and whether an injunction should be granted to restrain the husband from dealing with specific assets pending the resolution of costs. The court also had to determine the fate of the husband's extant applications.
Mead J ordered the husband to pay $20,000 towards the wife's costs, to be paid into a legal trust account within three months. Crucially, pending this payment, the husband was restrained by injunction from selling, transferring, encumbering, or otherwise dealing with the specified boat and trailer. Liberty was granted to the wife to apply for enforcement of these orders. All other extant applications, including those for costs, were dismissed.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Costs
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Injunction
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Remedies
Actions
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Citations
Painter and Painter [2019] FamCA 664
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Statutory Material Cited
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