Bakir & Bakir (No. 2)

In the matter of *Bakir & Bakir (No. 2)*, Harper J of the Family Court of Australia considered an application by the Applicant Wife against the First Respondent Husband and other named respondents, including a company and another individual. The dispute concerned property division and the extension or variation of injunctive relief previously granted. The court was asked to determine whether existing injunctive orders should be extended, particularly in light of allegations that funds subject to such orders had been dissipated.

The primary legal issues before the court were the utility of continuing injunctive relief given the alleged dissipation of assets, and the appropriate orders to be made regarding the management and accounting of property. Specifically, the court needed to consider whether the existing restraint on the Husband disposing of certain assets remained effective and necessary, and what steps were required to ascertain the current financial position of the parties and related entities.

Harper J's reasoning focused on the practicalities of the existing orders and the need for transparency regarding financial transactions. The court varied an earlier order to clarify the restrained assets and stipulated how the proceeds of sale of a particular property were to be managed, including the discharge of a mortgage and the holding of the balance in a controlled monies account. Crucially, the court also ordered the appointment of a single expert quantity surveyor to investigate building projects and report on their outcomes. Furthermore, detailed affidavit evidence was required from the Husband and the corporate and individual respondents concerning all monies paid to or held by them since December 2020, to ensure accountability. The court also removed one respondent as a party and dismissed certain applications made by other parties.