Thomson and Thomson

Case

[2008] FamCA 1189

22 December 2008


Details
AGLC Case Decision Date
Thomson and Thomson [2008] FamCA 1189 [2008] FamCA 1189 22 December 2008

CaseChat Overview and Summary

In the matter of Thomson and Thomson, Justice Burr of the Federal Circuit Court of Australia was required to determine several interlocutory and final matters arising from a dispute between a husband and wife. The proceedings concerned the division of property and financial resources.

The court was tasked with determining the appropriate orders regarding the conduct of the trial, including the scheduling of a directions hearing and the commencement of the trial itself. Additionally, the court was required to make orders concerning discovery, the provision of an overdraft facility for a business, and the payment of rental income related to business premises. The wife's application filed on 5 December 2008 was also before the court for determination.

Justice Burr ordered that a directions hearing be held on 19 March 2009, with the trial to commence on 13 May 2009 for three days. The parties were directed to provide a further Affidavit of Discovery by 27 February 2009. The husband was ordered to sign documents to enable the wife to obtain a $20,000 overdraft facility for B Pty Ltd, with the wife to be solely responsible for this facility. Furthermore, B Pty Ltd was excused from paying rental to the partnership of C & V Thomson for the use of business premises, and the wife was to receive rental income from Mr W. The wife's application filed on 5 December 2008 was otherwise dismissed.
Details

Areas of Law

  • Civil Procedure

  • Commercial Law

  • Family Law

Legal Concepts

  • Discovery

  • Injunction

  • Jurisdiction

  • Remedies

  • Stay of Proceedings

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