Prosser and Prosser and Anor

Case

[2018] FamCA 1077

9 November 2018


Details
AGLC Case Decision Date
Prosser and Prosser and Anor [2018] FamCA 1077 [2018] FamCA 1077 9 November 2018

CaseChat Overview and Summary

In the matter of *Prosser and Prosser and Anor*, Justice Baumann of the Family Court of Australia considered an application by the Wife against the Second Respondent, Mr B Prosser. The Wife sought declarations concerning Mr Prosser's interest in a property located at F Street, E Town.

The primary legal issue before the Court was whether the Wife's application for declarations against the Second Respondent should be summarily dismissed. The Court also considered interim orders to preserve the Second Respondent's interest in the specified property.

Justice Baumann ordered that the Wife's application for declarations against the Second Respondent be summarily dismissed. However, the Court also made interim orders, pending further order, restraining the Second Respondent from dealing with his interest in the property at F Street, E Town, including selling or further encumbering it. The substantive proceedings were adjourned for a Case Management Hearing.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Summary Judgment

  • Injunction

Actions
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Cases Citing This Decision

2

Prosser & Prosser (No. 3) [2021] FamCA 386
Prosser and Prosser & Anor [2020] FamCA 378
Cases Cited

6

Statutory Material Cited

4

Eames & Eames [2018] FamCAFC 204
Ritter & Ritter [2020] FamCAFC 86