Federal Court of Australia
Federal Court of Australia
Shirota v Liu [2023] FCA 1429 File number(s): NSD 885 of 2023
Judgment of: JACKMAN J
Date of judgment: 16 November 2023
Date of publication of reasons: 17 November 2023
Catchwords: PRACTICE AND PROCEDURE – interlocutory application for orders ancillary to freezing orders – where the ancillary orders are sought against the former spouse of a respondent – whether there is a good arguable case against that respondent – whether the third party may be required to disgorge assets or contribute to a prospective judgment – whether the balance of convenience favours the granting of the orders – orders partially granted COSTS – whether the applicants should bear the costs of the respondent to the interlocutory application – where there was a late amendment to the application – where each party has acted reasonably in disputing the application – costs order made against the applicants
Legislation: Family Law Act 1975 (Cth) s 79A Federal Court Rules 2011 (Cth) rr 7.33, 7.35 Conveyancing Act 1919 (NSW) s 37A
Cases cited: Deputy Commissioner of Taxation v Vasiliades [2014] FCA 1250; (2014) 323 ALR 59 Nguyen v Corbett [2017] NSWSC 1689; (2017) 19 BPR 38,191
Division: General Division
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