Raleigh and Raleigh

Case

[2013] FamCA 1044

6 December 2013


Details
AGLC Case Decision Date
Raleigh and Raleigh [2013] FamCA 1044 [2013] FamCA 1044 6 December 2013

CaseChat Overview and Summary

The parties in this matter were the applicant wife and the respondent husband. The dispute concerned an application to vary existing consent orders made by the court on 24 June 2013, which imposed restrictions on the husband's ability to deal with his interest in a property located at 11 Rostrevor Street, Cronulla. The application was heard by Rees J.

The primary legal issue before the court was whether to vary the previous consent order. Specifically, the court was asked to consider increasing the permissible amount the respondent husband could draw against a line of credit secured by a mortgage over the property. The original order limited this amount to $700,000, and the wife sought to increase this limit to $800,000.

The court's decision was based on a minute of consent orders agreed to by both parties. This indicated that the proposed variation was not contested. The court therefore varied the original order by increasing the maximum amount the respondent could draw against the Bank of Queensland line of credit from $700,000 to $800,000, while retaining the requirement for twenty-eight days' prior written notice to the wife before any dealing with the property.
Details

Areas of Law

  • Family Law

  • Equity & Trusts

Legal Concepts

  • Injunction

  • Remedies

  • Consent

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