Samuels and Shaw and Ors

Case

[2007] FamCA 833

17 August 2007


Details
AGLC Case Decision Date
Samuels and Shaw and Ors [2007] FamCA 833 [2007] FamCA 833 17 August 2007

CaseChat Overview and Summary

In the matter of *Samuels and Shaw and Ors*, Boland J considered applications by the wife and the husband, and a third respondent, concerning property settlement and related matters. The proceedings involved a dispute over the division of assets, including superannuation and real estate, and sought to discharge or vary previous orders made by Judicial Registrar Knibbs and Rose J.

The court was required to determine the validity and enforceability of various applications made by the wife, and to consider the husband's obligations regarding disclosure of superannuation interests. Additionally, the court had to address undertakings provided by a second respondent, Mr P, concerning mortgaged properties.

Boland J discharged earlier orders made by Judicial Registrar Knibbs and Rose J, and dismissed several of the wife's applications. The court ordered the husband to provide written details of any superannuation funds of which he was a member by a specified date. The court also noted and accepted undertakings from Mr P regarding the mortgage over properties and notice of any exchange of contracts. Costs for certain applications were reserved to the final hearing.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Costs

  • Injunction

  • Jurisdiction

  • Remedies

Actions
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Most Recent Citation
Wenz v Archer [2008] FMCAfam 1119

Cases Citing This Decision

1

Wenz v Archer [2008] FMCAfam 1119
Cases Cited

4

Statutory Material Cited

5

Miller v Cameron [1936] HCA 13
Keet v Ward [2011] WASCA 139