Stopford Malloy & Malloy and Ors

Case

[2016] FamCA 748

5 September 2016


Details
AGLC Case Decision Date
Stopford Malloy & Malloy and Ors [2016] FamCA 748 [2016] FamCA 748 5 September 2016

CaseChat Overview and Summary

The proceedings involved an application by the wife for the enforcement of interim spouse maintenance orders, and a counter-application by the husband to vary those same orders. The court was required to determine whether to enforce the existing spouse maintenance orders and whether to grant the husband's application to vary them.

The court considered the wife's application for enforcement, finding that arrears were owing under the consent orders. In exercising its discretion, the court determined that enforcement was necessary and appropriate. The court also considered the husband's application to vary the interim spouse maintenance orders, but found that he had not demonstrated any relevant change in circumstances to warrant a variation.

Consequently, the court ordered the appointment of joint and several receivers to receive the income and property of the husband, specifically including his jewellery, household contents, and two properties. These receivers were authorised to take possession of and sell these assets to give effect to the existing spouse maintenance orders. The husband was directed to cooperate fully with the receivers and was restrained from dealing with the specified assets. The husband's application to vary the spouse maintenance orders was dismissed. The husband was ordered to pay the wife's costs of both the enforcement application and his own variation application.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Consent

  • Costs

  • Injunction

  • Remedies

  • Jurisdiction

Actions
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Cases Citing This Decision

3

STOPFORD MALLOY & MALLOY [2021] FamCA 234
MALLOY & STOPFORD MALLOY [2020] FamCA 506
Stopford Malloy & Malloy (No 2) [2022] FedCFamC1F 118
Cases Cited

1

Statutory Material Cited

2

Hall v Hall [2016] HCA 23