WEI & QUEXING
Case
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[2018] FamCA 421
•7 June 2018
Details
AGLC
Case
Decision Date
WEI & QUEXING [2018] FamCA 421
[2018] FamCA 421
7 June 2018
CaseChat Overview and Summary
The husband sought to discharge orders restricting his overseas travel and to be removed from the airport watch list, while the wife sought to be appointed trustee for sale of jointly owned property. The applications were heard by Stevenson J.
The court was required to determine whether restrictions on the husband's freedom to travel overseas should remain in place, and whether the jointly owned property should be sold on the basis that the husband had defaulted on mortgage contributions.
Regarding the travel restrictions, the court found that the husband was at liberty to travel subject to compliance with existing orders, implying that the restrictions were not absolute and could be managed. On the property issue, the court dismissed the wife's application as there was no sufficient evidence presented to establish that the husband had defaulted on his mortgage contributions.
Consequently, both the husband's application to discharge travel restrictions and the wife's application for the appointment of a trustee for sale were dismissed.
The court was required to determine whether restrictions on the husband's freedom to travel overseas should remain in place, and whether the jointly owned property should be sold on the basis that the husband had defaulted on mortgage contributions.
Regarding the travel restrictions, the court found that the husband was at liberty to travel subject to compliance with existing orders, implying that the restrictions were not absolute and could be managed. On the property issue, the court dismissed the wife's application as there was no sufficient evidence presented to establish that the husband had defaulted on his mortgage contributions.
Consequently, both the husband's application to discharge travel restrictions and the wife's application for the appointment of a trustee for sale were dismissed.
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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Jurisdiction
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Remedies
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Procedural Fairness
Actions
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Citations
WEI & QUEXING [2018] FamCA 421
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