Rabino and Rainsford
Case
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[2020] FamCA 142
•10 March 2020
Details
AGLC
Case
Decision Date
Rabino and Rainsford [2020] FamCA 142
[2020] FamCA 142
10 March 2020
CaseChat Overview and Summary
In proceedings before Baumann J of the Family Court of Australia, the applicant wife sought interlocutory relief against the respondent husband. The dispute concerned the husband's potential actions regarding his employment and severance pay, which the wife alleged could impact her entitlements.
The court was required to determine whether to grant an injunction restraining the husband from entering into new employment contracts without providing their terms to the wife and observing a notice period, and from taking any steps that might affect his entitlement to a severance payment under his existing contract. The court also considered the wife's application for costs.
Baumann J granted the injunction, ordering that the husband be restrained from entering new employment contracts without first exhibiting their full terms via affidavit to the wife and allowing 21 days to expire, or obtaining her written consent. The husband was also restrained from taking any steps that could impact his severance payment entitlement. The court ordered the husband to pay the wife's costs of the application, with the quantum and payment date to be determined at trial. The proceedings were set down for a final hearing commencing on 14 May 2020, with detailed directions provided for the filing and service of evidence, financial statements, case outlines, and objections to evidence.
The court was required to determine whether to grant an injunction restraining the husband from entering into new employment contracts without providing their terms to the wife and observing a notice period, and from taking any steps that might affect his entitlement to a severance payment under his existing contract. The court also considered the wife's application for costs.
Baumann J granted the injunction, ordering that the husband be restrained from entering new employment contracts without first exhibiting their full terms via affidavit to the wife and allowing 21 days to expire, or obtaining her written consent. The husband was also restrained from taking any steps that could impact his severance payment entitlement. The court ordered the husband to pay the wife's costs of the application, with the quantum and payment date to be determined at trial. The proceedings were set down for a final hearing commencing on 14 May 2020, with detailed directions provided for the filing and service of evidence, financial statements, case outlines, and objections to evidence.
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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Injunction
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Costs
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Expert Evidence
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Procedural Fairness
Actions
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Citations
Rabino and Rainsford [2020] FamCA 142
Most Recent Citation
Rabino & Rainsford (No. 2) [2021] FamCA 551