Wilson and Wilson

Case

[2009] FamCA 535

11 June 2009


Details
AGLC Case Decision Date
Wilson and Wilson [2009] FamCA 535 [2009] FamCA 535 11 June 2009

CaseChat Overview and Summary

In the matter of *Wilson and Wilson*, Dessau J of the Family Court of Australia considered an application by the wife. The dispute concerned interim orders sought by the wife in family law proceedings.

The court was required to determine whether to grant interim injunctive relief restraining the husband from dealing with property and from leaving Australia, pending the final determination of the proceedings.

Dessau J granted the wife's application, issuing several orders. These included restraining the husband from disposing of or dealing with the proceeds of sale of a property and any monies in bank accounts, save for a limited amount for living expenses. The husband was also restrained from selling, alienating, encumbering, or dealing with any property in his name without the wife's written consent or a court order. Crucially, the husband was restrained from leaving the Commonwealth of Australia, with his name to be placed on the Airport Watch List. The court also made orders regarding the service of these injunctions on the husband and relevant authorities.
Details

Areas of Law

  • Family Law

  • Civil Procedure

Legal Concepts

  • Injunction

  • Jurisdiction

  • Procedural Fairness

  • Stay of Proceedings

  • Costs

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