Tyers and Tyers
Case
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[2016] FCCA 3503
•14 March 2016
Details
AGLC
Case
Decision Date
Tyers and Tyers [2016] FCCA 3503
[2016] FCCA 3503
14 March 2016
CaseChat Overview and Summary
In the matter of *Tyers and Tyers*, heard by Judge Newbrun, the dispute concerned proposed orders relating to the encumbrance of a property and the operation of previous court orders. The parties involved were the Husband and the Wife.
The court was required to determine the terms of consent orders to be made, specifically concerning the Husband's ability to further encumber a property, the suspension of a prior order to facilitate this, and the provision of financial information. The court also needed to address the listing of the proceedings for mention.
Judge Newbrun made orders in accordance with Exhibit A, which permitted the Husband to further encumber Property A up to an additional $100,000. Order 8 from 8 May 2015 was suspended to the extent necessary for the facilitation of this new encumbrance, but otherwise remained in effect. Both parties were ordered not to hinder the operation of these new orders, and the Husband was required to provide the Wife with a copy of a mortgage statement within seven days. The original listing for mention on 5 August 2016 was vacated and replaced with a new listing for mention on 14 October 2016.
The court was required to determine the terms of consent orders to be made, specifically concerning the Husband's ability to further encumber a property, the suspension of a prior order to facilitate this, and the provision of financial information. The court also needed to address the listing of the proceedings for mention.
Judge Newbrun made orders in accordance with Exhibit A, which permitted the Husband to further encumber Property A up to an additional $100,000. Order 8 from 8 May 2015 was suspended to the extent necessary for the facilitation of this new encumbrance, but otherwise remained in effect. Both parties were ordered not to hinder the operation of these new orders, and the Husband was required to provide the Wife with a copy of a mortgage statement within seven days. The original listing for mention on 5 August 2016 was vacated and replaced with a new listing for mention on 14 October 2016.
Details
Key Legal Topics
Areas of Law
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Family Law
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Civil Procedure
Legal Concepts
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Injunction
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Procedural Fairness
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Costs
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Remedies
Actions
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Citations
Tyers and Tyers [2016] FCCA 3503
Cases Citing This Decision
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