Tapper and McFarlane

Case

[2013] FCCA 732

1 July 2013


Details
AGLC Case Decision Date
TAPPER & McFARLANE [2013] FCCA 732 [2013] FCCA 732 1 July 2013

CaseChat Overview and Summary

In the matter of *Tapper and McFarlane*, heard before Judge Riethmuller, the dispute concerned alleged contempt of court by the Respondent. The Applicant sought a finding of contempt against the Respondent for actions taken in relation to a property.

The central legal issue before the court was whether the Respondent had breached previous orders made by Judge Burchardt on 14 May 2012. Specifically, the court was required to determine if the Respondent had encumbered or otherwise dealt with the property known as Property H without providing written notice to the Applicant's solicitors, thereby constituting contempt of those orders.

Judge Riethmuller found that the Respondent had indeed been in contempt of the orders made by Judge Burchardt. This finding was based on the Respondent's actions in further encumbering or dealing with Property H without the requisite written notice to the Applicant's solicitors.

The court ordered that the matter be adjourned to 2 July 2013 at 10:00 a.m. for mention.
Details

Areas of Law

  • Civil Procedure

  • Equity & Trusts

Legal Concepts

  • Injunction

  • Remedies

  • Procedural Fairness

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Cases Citing This Decision

0

Cases Cited

7

Statutory Material Cited

2

A Bank & Coleiro [2011] FamCAFC 157
Tate & Tate [2002] FamCA 356
Lewis v Ogden [1984] HCA 28