Rogers and Rogers

Case

[2008] FamCA 71

9 January 2008


Details
AGLC Case Decision Date
Rogers and Rogers [2008] FamCA 71 [2008] FamCA 71 9 January 2008

CaseChat Overview and Summary

In *Rogers and Rogers*, Strickland J of the Family Court of Australia considered an application by the parties, a husband and wife, concerning the auction of a property. The dispute centred on the terms and conditions under which the property would be sold by auction.

The court was required to determine whether to grant injunctive relief restraining both parties from bidding at the auction, either personally or through a third party. The court also had to consider the procedural steps for future applications relating to open inspections and the auction of the property.

Strickland J granted an injunction restraining both the husband and wife from making any bids at the auction of the property, whether directly or indirectly through a third party. The court also made orders regarding the filing and service of applications and supporting affidavits concerning open inspections and the auction, setting specific deadlines for each party. Further consideration of existing applications was adjourned to a later date, and a costs application was also adjourned.
Details

Areas of Law

  • Family Law

  • Civil Procedure

  • Equity & Trusts

Legal Concepts

  • Injunction

  • Costs

  • Procedural Fairness

  • Remedies

  • Jurisdiction

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