Wolkowicz and Wolkowicz
Case
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[2008] FamCA 468
•4 June 2008
Details
AGLC
Case
Decision Date
Wolkowicz and Wolkowicz [2008] FamCA 468
[2008] FamCA 468
4 June 2008
CaseChat Overview and Summary
In the matter of *Wolkowicz and Wolkowicz*, Dessau J of the Family Court of Australia considered an application by the husband seeking orders for the wife to vacate a property and be restrained from attending it, alongside a related application concerning a warrant of commitment. The dispute involved the wife's alleged contravention of previous court orders.
The court was required to determine whether the wife had contravened the orders of the court, and if so, what orders should be made in response. Additionally, the court had to consider the application for a warrant of commitment and the husband's broader application for possession of the property.
Dessau J found that the wife had not contravened the orders of the court. Consequently, the warrant of commitment was discharged, and the wife was to be released. The husband's application for possession of the property was dismissed, with liberty to re-instate only if the wife failed to comply with the orders made. The wife was ordered to vacate the property by 5.00 pm on 20 June 2008 and was restrained from entering it thereafter. The wife was granted liberty to apply to the court before 5.00 pm on 13 June 2008.
The court was required to determine whether the wife had contravened the orders of the court, and if so, what orders should be made in response. Additionally, the court had to consider the application for a warrant of commitment and the husband's broader application for possession of the property.
Dessau J found that the wife had not contravened the orders of the court. Consequently, the warrant of commitment was discharged, and the wife was to be released. The husband's application for possession of the property was dismissed, with liberty to re-instate only if the wife failed to comply with the orders made. The wife was ordered to vacate the property by 5.00 pm on 20 June 2008 and was restrained from entering it thereafter. The wife was granted liberty to apply to the court before 5.00 pm on 13 June 2008.
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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Costs
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Stay of Proceedings
Actions
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Citations
Wolkowicz and Wolkowicz [2008] FamCA 468
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