Tomkin and Tomkin (No 2)

Case

[2007] FamCA 1081

26 August 2007


Details
AGLC Case Decision Date
Tomkin and Tomkin (No 2) [2007] FamCA 1081 [2007] FamCA 1081 26 August 2007

CaseChat Overview and Summary

In *Tomkin and Tomkin (No 2)*, the Family Court of Australia, presided over by Loughnan JR, dealt with an application concerning financial matters and personal protection orders. The dispute arose between a husband and wife, with the wife seeking orders for personal protection and the husband seeking access to a facility secured on the former matrimonial home for legal fees.

The primary legal issues before the court were whether to grant personal protection orders for the wife and children, and whether to permit the husband to draw on a facility secured on the former matrimonial home to fund his legal expenses. The court also considered the conditions under which such drawings could be made and the notification requirements upon reaching a certain limit.

Loughnan JR declined to make orders for the personal protection of the wife or children, noting that proceedings under the *Crimes Act* were already underway in another jurisdiction. Regarding the facility secured on the former matrimonial home, the court ordered that the wife was to sign all necessary documents and take all required steps to allow drawings for the husband's legal fees, contingent upon the production of evidence of such billing. The court further stipulated that if the facility was drawn to the extent of $150,000, the wife was to immediately notify the husband's solicitor.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Costs

  • Jurisdiction

  • Remedies

Actions
Download as PDF Download as Word Document


Cases Citing This Decision

0

Cases Cited

0

Statutory Material Cited

1