Abati and Cole

This matter concerned an application by Ms Abati (the wife) against Mr Cole (the husband) in the Family Court of Australia. The wife sought various declarations and injunctive relief concerning property, particularly in Indonesia, and sought to restrain the husband from prosecuting proceedings in Indonesia that conflicted with a financial agreement made between the parties on 30 April 2012.

The primary legal issue before the Court was whether to grant interim injunctive relief, specifically "holding orders," to prevent the husband from taking actions in Australia or Indonesia that would prejudice the wife's rights or the Court's ability to determine financial matters arising from the parties' financial agreement. The Court also considered the necessity of an undertaking as to damages for the granting of such injunctions and the potential prejudice to the respondent.

Justice Cronin granted holding orders, restraining the husband from further prosecuting proceedings in Indonesia that conflicted with the financial agreement and from transferring the wife's separate property in Indonesia. These orders were made on the basis of the wife's undertaking to pay compensation for any damage caused by the injunctions and were intended as temporary measures to preserve the status quo pending a final determination. The Court found that the jurisdiction to grant such orders was clear, whether under section 114 of the *Family Law Act 1975* (Cth) or provisions relating to the enforcement of financial agreements.

The Court ordered that the matter be adjourned to 5 March 2014, with the costs of the day reserved. The reasons for judgment were to be transcribed and made available to the parties.