Barnes and Barnes and Anor (No 2)

In *Barnes and Barnes and Anor (No 2)*, Johns J of the Federal Circuit Court of Australia considered applications made by the wife in family law proceedings. The proceedings involved the wife, the husband, and a second respondent, Mr Harris. The wife sought to have her application against the second respondent heard concurrently with her application pursuant to s 79A of the *Family Law Act 1975* (Cth).

The primary legal issues before the Court were whether to join the second respondent to the proceedings and, if so, to make orders preserving certain documents relevant to the valuation of a property located at B Street, Suburb C, Victoria. The Court also had to determine the procedural steps required for the second respondent to participate in the proceedings and set timelines for the filing of affidavits by the parties.

Johns J ordered that the wife's application against the second respondent be heard together with her s 79A application, exercising the accrued jurisdiction of the Court. Crucially, the Court issued injunctions restraining the husband and Mr Harris from destroying or restricting the availability of documents relating to the valuation of the B Street property, including communications and requests for valuations, and any material relied upon for finance applications since 1 January 2015. Furthermore, the husband and Mr Harris were ordered to file affidavits detailing all relevant documents in their possession concerning communications about the property's value and representations made to third parties about its value. The Court also made directions regarding the filing of further affidavits and the attendance of the second respondent at a future hearing.