Alama and Edde & Ors

In the Family Court of Australia, Her Honour Justice Carew considered an application by the wife for interim orders concerning the preservation of the parties' assets. The husband had not yet filed any documents in the proceedings but had recently divested himself of interests in various assets. The wife sought to restrain the husband and third parties from dealing with these assets pending a final hearing, and the third respondent was joined to the proceedings.

The primary legal issues before the Court were whether interim injunctions were necessary to preserve the parties' assets and whether the third respondent should be restrained from dealing with its assets and undertaking certain corporate actions. The Court also had to determine the appropriate interim parenting orders.

Her Honour applied the principles governing the grant of interim injunctions, requiring the wife to demonstrate a serious question to be tried and that the balance of convenience favoured the granting of the injunctions. The Court considered the husband's recent divestment of assets and the potential for dissipation of marital property. In relation to the corporate entities, the Court considered the need to maintain the status quo and prevent actions that could prejudice the wife's proprietary claims.

The Court made interim orders that the children live with the wife and spend time with the husband as agreed. The husband and the second respondent were restrained from dealing with properties under construction and from taking certain actions in relation to two companies, C Pty Ltd and Edde Pty Ltd. The third respondent, C Pty Ltd, was also restrained from undertaking similar actions concerning its shares and assets. Liberty to re-list was granted in the event of non-compliance, and the costs of the wife were reserved.