SOMERS& ETTRIDGE

FAMILY COURT OF AUSTRALIA

SOMERS& ETTRIDGE [2018] FamCA 874

FAMILY LAW – PROPERTY – interim applications – where the applicant seeks $14,500 but is unable to identify the head of power upon which he seeks to rely– where the applicant seeks disclosure from the respondent – where orders have already been made in relation to disclosure – issue of disclosure will need to be determined by the trial judge – where the applicant seeks litigation funding – where the litigation funding application must fail in accordance with the provision of s 117 of the Family Law Act 1975 (Cth) – where the respondent proposes that the applicant extend the loan facility against the real property up to $50,000 – order made permitting the applicant to borrow $50,000 against the real property with the sum to be characterised as part property settlement.

FAMILY LAW – INJUNCTIONS – interim injunction made preventing the applicant from dealing with real property and the parties’ self-managed superannuation fund.

Family Law Act 1975 (Cth) ss 79, 117 Family Law Rules 2004 (Cth)
APPLICANT:	Mr Somers

RESPONDENT: Ms Ettridge

FILE NUMBER: MLC 11262 of 2015

DATE DELIVERED: 7 September 2018

PLACE DELIVERED: Melbourne

PLACE HEARD: Melbourne

JUDGMENT OF: Johns J

HEARING DATE: 7 September 2018

REPRESENTATION

THE APPLICANT: In Person

COUNSEL FOR THE RESPONDENT: Ms Paterson

SOLICITOR FOR THE RESPONDENT: Carew Counsel Pty Ltd

Orders

IT IS ORDERED

1. That except as otherwise provided and until further order, the respondent MR SOMERS be restrained by injunction from doing any act or thing that may cause the property situated at and known as B Street, Suburb C in the State of Victoria being the whole of the land contained in Certificate of title Folio Identifier Volume … Folio … (“the Suburb C property”) to be disposed, of sold, transferred, assigned, leased, further mortgaged or further encumbered in any manner whatsoever.

2. That until further order, the respondent MR SOMERS be restrained by injunction from further increasing the balance of the F Bank home loan account number ... secured over the Suburb C property, currently in the sum of $124,888.17 (as at 30 June 2018) save for the purpose of borrowing $50,000 so as to meet his costs to obtain legal representation for the purposes of the final hearing scheduled to occur on 23 October 2018, with this sum to be characterised as part property settlement to the respondent and with the respondent to meet all repayments (interest and principal) with respect to those borrowings.

3. That until further order, the respondent MR SOMERS and/or his servants and/or his agents, be restrained by injunction from withdrawing, disposing of or otherwise dealing with the funds held in F Bank Prime Access Account No. …54, F Bank Account No. …56 held in the name of the G Super Fund and/or any other bank accounts held in the name of the G Super Fund.

4. That these orders be forthwith served upon F Bank by the applicant.

BY CONSENT IT IS ORDERED

1. That the respondent