Tsiang & Wu and ors

Case

[2018] FamCA 1057

11 December 2018


Details
AGLC Case Decision Date
Tsiang & Wu and ors [2018] FamCA 1057 [2018] FamCA 1057 11 December 2018

CaseChat Overview and Summary

In *Tsiang & Wu and ors*, the husband sought injunctive orders against the wife concerning property taken by her pursuant to Consent Orders, and also against the second and third respondents. The husband's application for injunctive relief against the wife failed due to a lack of evidentiary basis. Similarly, no evidence was adduced to support the application for injunctive orders against the second and third respondents, and service had not been effected upon the third respondent. The matter came before Stevenson J in the Family Court of Australia.

The primary legal issues before the court were whether the husband had established a sufficient evidentiary foundation to warrant injunctive orders against the wife and the second and third respondents, and how service should be effected upon the third respondent, given the absence of personal service. The court was also required to determine the fate of specific paragraphs within a separate application filed by the husband.

Stevenson J found that the husband had not adduced sufficient evidence to support his claims for injunctive relief against the wife or the second and third respondents. Consequently, the applications for injunctions against these parties were dismissed, save for the issue of service on the third respondent. The court ordered that personal service of the husband's Further Amended Initiating Application upon the third respondent be dispensed with, and that substituted service be effected by post to specified addresses in China, including an address for a legal representative. Additionally, paragraphs 2, 3, and 4 of a separate application filed by the husband were dismissed.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Consent

  • Procedural Fairness

  • Jurisdiction

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Cases Citing This Decision

1

Kachmar & Madero [2021] FedCFamC2F 616
Cases Cited

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Statutory Material Cited

2