Abati and Cole (No. 2)

This matter came before Cronin J concerning applications made by the parties, identified as Abati (the applicant/wife) and Cole (the respondent/husband). The dispute involved proceedings in both Australia and Indonesia, specifically a Lawsuit for Divorce in the Denpasar District Court concerning financial matters and property settlement. The court was required to make orders regarding the conduct of these proceedings and the evidence to be presented.

The primary legal issues before the court were whether to grant an injunction restraining the husband from continuing Indonesian divorce proceedings insofar as they related to matters subject to an Australian Financial Agreement, and whether to restrain the husband from seeking relief in Indonesian courts concerning specific properties. The court also considered the husband's actions in relation to the wife's separate property in Bali, including transferring title or encumbering it, and the immediate delivery of title deeds for certain properties held in the wife's sole name.

Cronin J ordered that all applications be adjourned for a final hearing on 21 August 2014. The court directed that evidence in chief be given by affidavit and set a detailed timetable for the filing and service of amended applications, responses, affidavits, and financial statements by both parties. Crucially, the husband was restrained by injunction from further prosecuting the Indonesian divorce proceedings concerning matters subject to the Financial Agreement and from seeking relief in Indonesia regarding specific properties. The husband was also restrained from transferring or encumbering the wife's separate property in Bali and ordered to forthwith deliver up title deeds for several properties held in the wife's sole name. The husband was ordered to pay the wife's costs of the day.