Prosser and Prosser and Anor
Case
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[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.
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
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Summary Judgment
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Injunction
Actions
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Most Recent Citation
Prosser and Prosser & Anor [2020] FamCA 378
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
Lysaght Building Solutions Pty Ltd v Blanalko Pty Ltd
[2013] VSCA 158
Eames & Eames
[2018] FamCAFC 204
Ritter & Ritter
[2020] FamCAFC 86